Gopali Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23895 of 2026 Arising Out of PS. Case No.-62 Year-2026 Thana- ROH District- Nawada ====================================================== 1.

Gopali Chauhan S/O Amirak Chauhan @ Ambika Chauhan R/O Vill.- Mahrawan, P.S.- Roh, Dist.- Nawada 2.

Manohar Chauhan @ Manohar Kumar S/O Pokhraj Chauhan R/O Vill.- Mahrawan, P.S.- Roh, Dist.- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners are apprehending arrest in connection with Roh P.S. Case No. 62 of 2026, dated 21.02.2026, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

4. As per the prosecution, an FIR has been lodged against three named accused persons, including the present petitioner. Total recovery of 47 litres of illicit liquor has been made from the house of the co-accused, namely, Champa Devi.

Patna High Court CR. MISC. No.23895 of 2026(3) dt.03-06-2026 2/3 Further, recovery of 24.05 litres of illicit Mahua wine has been recovered from the hut located near 50 metres from the recovery made from the first place.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the apprehended accused is the sister of petitioner No. 1 and the mother of petitioner No. 2. Counsel further submits that the criminal antecedents of the petitioners are clean, but since the said apprehended accused was arrested, the police have implicated the petitioners in the present case.

6. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that the recovery has not been made from the petitioners' possession and also their antecedents are clean.

7. Considering the facts and circumstances of the present case, let the above-named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No. 2, Nawada in

Patna High Court CR. MISC. No.23895 of 2026(3) dt.03-06-2026 3/3 connection with Roh P.S. Case No. 62 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T