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Patna High CourtCR. MISC./41404/2026allowed

Akash Chauhan v. The State Of Bihar

2026-07-01Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41404 of 2026 Arising Out of PS. Case No.-98 Year-2026 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Akash Chauhan S/O Sahdev Chauhan @ Mahadev Chauhan R/O Vill.- Basaha, P.S.- Chand, Dist.- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Chand P.S. Case No. 98 of 2026, instituted for the offences punishable under Sections 352, 351(2), 132, 109(1), 191(2), 191(3) of the B.N.S., Section 27 of Arms Act and Section 45 of Bihar Prohibition & Excise Act.

3. As per the prosecution case, on getting secret information regarding selling of illicit liquor by co-accused persons Sunil Yadav and Pankaj Yadav, police party reached at the marked place and saw five motorcycles with three on each. Before the police team search the motorcycles, the accused persons attacked on them. Co-accused Sunil Yadav and Pankaj Yadav made four rounds firing and they were not arrested on the

Patna High Court CR. MISC. No.41404 of 2026(2) dt.01-07-2026 2/3 spot. They pelted stones on the police vehicle. After threatening the police team, accused persons transported a consignment of liquor in front of police team but they could not do anything due to fear.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the co-accused persons due to village politics and having two criminal antecedents which belongs to Excise Act. There is no specific allegation against the petitioner. He has no concern with the seized articles or the motorcycles. He was not present on the spot. He has no concern with the other coaccused persons. No one has got injury. Petitioner is a young boy aged about 23 year. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and nature of allegation, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.41404 of 2026(2) dt.01-07-2026 3/3 learned Special Exclusive Judge Excise-I, Kaimur at Bhabhua in connection with Chand P.S. Case No. 98 of 2026, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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