Patna High CourtCR. MISC./24436/2025bail granted

Dipak Chauhan v. The State Of Bihar

2025-04-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24436 of 2025 Arising Out of PS. Case No.-162 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Dipak Chauhan S/O Bhola Chauhan R/O Vill.- Nauli, Jalalpur, P.S.- Ravatipur, Dist.- Gazipur, U.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Rai For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhabhua Excise P.S. Case No. 162 of 2025 dated 28.02.2025 registered for the offences punishable u/ss 30(a), 32(1), (3), 41(1) (2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 1179 litres of illicit country made liquor was recovered from the Pickup vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle. The

Patna High Court CR. MISC. No.24436 of 2025(2) dt.23-04-2025 2/2 petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabhua in connection with Bhabhua Excise P.S. Case No. 162 of 2025, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T