Taraiya @ Krishna Kumar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34720 of 2026 Arising Out of PS. Case No.-89 Year-2026 Thana- DEHRI TOWN District- Rohtas ====================================================== Taraiya @ Krishna Kumar Chauhan S/O Late Dadan Chauhan R/O Village / At- New Area, Near Kaali Mandir, Ward No.17, P.S.- Dehri Town, DistrictRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 20-05-2026 The matter has been taken up today through video conferencing.

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

3. The Petitioner is apprehending his arrest in connection with Dehri Town P.S. Case No. 89 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per the prosecution case, total quantity of 216 litres of illicit country-made liquor was recovered from the tempo, and the apprehended co-accused, namely, Ghanshyam Paswan, disclosed the name of the petitioner alleging his involvement in the illegal trade of liquor.

Patna High Court CR. MISC. No. 34720 of 2026(2) dt.20-05-2026 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the name of the petitioner has transpired in the confessional statement of apprehended co-accused person made before the police while in police custody, which has got no evidentiary value in the eye of law and except the confessional statement of the co-accused there is no material on record against the petitioner. It has further been submitted that no incriminating article has been recovered from the possession of the petitioner. It has also been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. Lastly, it has been submitted that the petitioner has got five criminal antecedents, in all of which he is on bail.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner has got five criminal antecedents of similar nature of offence, which indicates that he is a habitual offender.

7. Heard the parties and perused the record.

8. Considering the aforesaid facts and circumstances of the case and in view of nature of material against the

Patna High Court CR. MISC. No. 34720 of 2026(2) dt.20-05-2026 3/3 petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rohtas, in connection with Dehri Town P.S. Case No. 89 of 2026 subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

9. This application stands allowed.

(Praveen Kumar, J) Jyoti/- U T