Chandan Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33637 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- EXCISE DANAPUR District- Patna ====================================================== Chandan Chauhan S/O Suryavali Chauhan R/O -Sarenja, Ward No 02, P.S.- Rajpur, District-Buxar(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindu Kumari, Adv For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 28-05-2025 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 Excise Danapur P.S. Case No. 161 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the informant apprehended the petitioner with 10 litres of illicit country-made mahua liquor and on his instance, around 70 litres of country made liquor was recovered from an open place.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case and no such recovery, on his instance, was made by the police. It is next submitted that the petitioner has no concern

Patna High Court CR. MISC. No.33637 of 2025(2) dt.28-05-2025 2/3 with the alleged recovery. It is lastly submitted that the petitioner has one criminal antecedent and is in custody since 08.04.2025. Learned counsel for the petitioner undertakes to deposit a sum of Rs. 5,000/- before the Patna High Court Legal Services Committee.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner carries one criminal antecedent of similar nature of offence.

6. Considering the aforesaid submissions of learned counsel as well as undertaking given by the petitioner and taking into account the fact that the recovery of country made liquor was made from an open place which is easily accessible to anyone and also considering the period of custody, let the petitioner above-named, be enlarged on bail, on depositing a sum of Rs. 5,000/- (Five Thousand) before the Patna High Court Legal Services Committee and a receipt of the same shall be furnished before the learned Court below at the time of furnishing bail bond. Thereafter, he shall furnish bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Excise Danapur P.S. Case No. 161 of 2025, subject to the following conditions:-

Patna High Court CR. MISC. No.33637 of 2025(2) dt.28-05-2025 3/3 (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the application stands allowed. (Sourendra Pandey, J) Jyoti/- U T