Krishna Chauhan @ Krishndev Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42003 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== KRISHNA CHAUHAN @ KRISHNDEV CHAUHAN SON OF CHUNNI CHAUHAN RESIDENT OF VILLAGE - SIRPATIYIA, POLICE STATION - NARDIGANJ, DISTRICT - NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Birendra Kumar, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP appearing for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a)(d) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 30 litres country made liquor, 400 litres mahua and equipment were recovered from a bush situated at the bank of river Panchane.

4. It is submitted by learned counsel appearing on behalf of the petitioner that no incriminating article has been recovered from the conscious possession of this petitioner and he has been made an accused in this case merely on suspicion.

Patna High Court CR. MISC. No.42003 of 2024(2) dt.18-07-2024 2/2 The alleged illicit liquor has been recovered from an open place. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-IInd, Nawada, in connection with Nardiganj P.S. Case No. 67 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T