Dhaneshwar Chauhan @ Dhanesvar Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41467 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- KUDHNI District- Kaimur (Bhabua) ====================================================== Dhaneshwar Chauhan @ Dhanesvar Chauhan S/O Kamala Chauhan R/O Village-Samahuta, P.S.- Dhansoi(Rajpur), District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Kudhani P.S. Case No. 06 of 2024 registered under Section 30(a) of Bihar Excise Act.

3. As per prosecution case, 5.2 liters illicit liquor were recovered from the motorcycle which belongs to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case merely on suspicion. Further submission is that petitioner has given his motorcycle to his relative i.e. co-accused Chhattis Kumar. Petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was

Patna High Court CR. MISC. No.41467 of 2024(2) dt.03-07-2024 2/2 not present at the place of occurrence. It is next submitted that the petitioner has got no criminal antecedent. Petitioner is ready to co-operate in the investigation and trial.

5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of Special Judge, Excise-II, Kaimur at Bhabhua in connection with Kudhani P.S. Case No. 06 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Sunil Dutta Mishra, J) utkarsh/- U T