Nandlal Chauhan @ Mallu Chouhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53663 of 2025 Arising Out of PS. Case No.-427 Year-2025 Thana- SIWAN CITY District- Siwan ====================================================== Nandlal Chauhan @ Mallu Chouhan Son of Falgu Chouhan @ Phagu Lal Chauhan Resident of Village- Dakshin Tola, P.S.- Nagar, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Opposite Party/s :
Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-11-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Siwan Town Police Station Case No. 427 of 2025, dated 06.06.2025, disclosing offences under Sections 37 of the Bhartiya Nyaya Sanhita and Section 25 (9) of the Arms Act.
3. The prosecution case, as per First Information Report, is that on 06.06.2025 at about 18:30 hours, the police received a viral video on his WhatsApp number 9431822471. In the said video, a person was seen drinking liquor while a girl was serving liquor to him and dancing. The person was intoxicated and was dancing while displaying a pistol tucked at his waist. For
Patna High Court CR. MISC. No.53663 of 2025(3) dt.15-11-2025 2/3 verification, when the informant reached at the place of occurrence and after inquiry the accused persons was identified as Mallu Chauhan i.e. the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case due to ulterior motive and on the basis of fake video. He next submits that the petitioner is not involve in selling or manufacturing of illicit liquor and the pistol shown in the video is toy gun. He further submitted that no independent witness has supported the prosecution story and the entire case is based upon an unverified viral video, without any substantive evidence connecting the petitioner with the alleged act.
5. I have heard learned counsel for the parties and have gone through the materials available on record.
6. From perusal of the case diary as well as First Information Report, it appear that prima facie case is made out against the petitioner, the petitioner has got five criminal antecedent and the case is under investigation, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.53663 of 2025(3) dt.15-11-2025 3/3
7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T