Patna High CourtCR. MISC./87084/2024bail granted

Prakash Chouhan @ Prakash Kumar Chauhan v. The State Of Bihar

2024-12-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87084 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Prakash Chouhan @ Prakash Kumar Chauhan S/o- Ramdev Chouhan Resident of Village-Jogeli, Police Station-Srinagar, District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sri Nagar P.S. Case No. 82 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 206.250 litres of illicit foreign liquor from the Cowshed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.87084 of 2024(2) dt.20-12-2024 2/3 possession of the petitioner. The name of the petitioner has transpired in this case on the basis of the confessional statement of the co-accused Abhinav Kumar. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence or the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.

5. Learned counsel for the petitioner further submits that the co-accused Abhinav Kumar @ Abhinav Kumar Jha has been granted regular bail by this Court vide order dated 04.12.2024 passed in Cr. Misc. No. 82527 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.87084 of 2024(2) dt.20-12-2024 3/3 the case is pending/successor court in connection with Sri Nagar P.S. Case No. 82 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) rishi/- U T