Ram Pravesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28221 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Ram Pravesh Chauhan Son of Shri Bhagwan Singh @ Raman Chauhan Resident of Village - Tirkalpur, P.S.- Rajpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Buxar Muffasil PS Case No. 95 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Section 25(1-B)a, 26 & 35 of the Arms Act.

3.

The prosecution case, in short, is that 432 liters country made liquor was recovered from car and truck, out of which 72 litres liquor was recovered from car, whereas 360 litres liquor was recovered from truck. One country made pistol

Patna High Court CR. MISC. No.28221 of 2025(2) dt.29-04-2025 2/3 and one live cartridge is also recovered from possession of the co-accused.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor and arms. Petitioner is neither the owner nor the driver of any of the vehicles in question. The petitioner is in custody since 04-03-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. Other coaccused have been granted bail by this Court vide order dated 03-04-2025, passed in Cr. Misc. No. 20184 of 2025. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.28221 of 2025(2) dt.29-04-2025 3/3 below/concerned Court in connection with Buxar Muffasil PS Case No. 95 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T