Anil Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52692 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- JANTA BAZAR District- Saran ====================================================== Anil Chauhan S/o Om Prakash Mahto R/O Sambhu Chapra, Baluapur, P.S. - Janta Bajar, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtunjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Janta Bazar PS Case No. 78 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 15 litres of country made liquor was recovered from Motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. The petitioner is in custody since 26.10.2024 and has got two

Patna High Court CR. MISC. No.52692 of 2025(2) dt.01-08-2025 2/2 criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Similarly situated other co-accused has been granted bail by this Court vide order dated 02.07.2025 passed in Cr. Misc. No. 41047 of 2025. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Janta Bazar PS Case No. 78 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T