Ramesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58367 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- BEN P.S. District- Nalanda ====================================================== Ramesh Chauhan S/o Vilash Chauhan, R/o Vill.- Jolbigha, P.S.- Ben, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shabina Talat, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ben P.S. Case No.146 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 15 litre country made liquor kept in the plastic gallon near the south pain of Village Jolbigha. It is alleged that the co-accused Chandramani Devi has been apprehended on the spot and petitioner fled away after seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of secret information. He further submits that the petitioner was not present on the spot and no incriminating article has been recovered from his conscious

Patna High Court CR. MISC. No.58367 of 2025(2) dt.22-09-2025 2/2 possession. Learned counsel submits that petitioner has no concern either with the alleged seized liquor or with the place from the alleged recovery has been made. He further submits that seizure list has not been prepared in accordance with mandatory provisions of law. Learned counsel submits that petitioner has clean antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.I, Nawada in connection with Ben P.S. Case No.146 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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