Anil Chauhan @ Anil Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46849 of 2026 Arising Out of PS. Case No.-578 Year-2026 Thana- Excise P.S. District- Aurangabad ====================================================== Anil Chauhan @ Anil Noniya S/o Ram Narayan Chauhan Resident of VillageJamua, P.S.- Madanpur, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-07-2026 Heard Mr. Rakesh Singh, learned counsel appearing on behalf of the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Aurangabad Excise P.S. Case No. 578 of 2026 registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. As per the allegation made in the FIR, on secret information a raiding party reached near High School, Pind, where one person allegedly fled away leaving behind one motorcycle. During search, two gallons containing 80 litres of spirit concealed beneath a Pind were recovered and seized along with the motorcycle bearing Registration No. BR26G-3386. The villagers allegedly identified the person who fled away as the

Patna High Court CR. MISC. No.46849 of 2026(2) dt.22-07-2026 2/3 petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the present case. He submitted that the alleged recovery was made from beneath a Pind, from an open space and not concerned with the petitioner. He further submitted that mere recovery of the motorcycle from the place of occurrence prima facie don't establish the petitioner's involvement in the alleged offence. He also submitted that although the petitioner has two criminal antecedents under the Excise Act, he is on bail in both the cases. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the fact that the alleged recovery of 80 litres of spirit was made from beneath a Pind, raised on the soil. Mere parking of the motorcycle near the Pind prima facie don't establish the complicity of the petitioner and merely on suspicion the petitioner has been made accused. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.46849 of 2026(2) dt.22-07-2026 3/3 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Aurangabad Excise P.S. Case No. 578 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

8. The present bail application is disposed of. (Purnendu Singh, J) Ashishsingh/- U T