Patna High Court
Rajesh Kumar Chauhan @ Pintu Chauhan @ Rajesh ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Rajesh Kumar Chauhan was arrested as the driver of a scooty from which 125 litres of country-made liquor was seized, alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He contended that the liquor was not in his possession and that he was falsely implicated, citing that the co‑accused had already been granted bail. The State opposed his bail application. The High Court, after considering the submissions, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, imposing conditions such as cooperation with the trial, presence of a blood‑relative as a bailor, and non‑tampering with evidence. The bail was granted subject to these conditions.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act where the alleged contraband was not found in his conscious possession.
Subjects
- bail
- prohibition law
- excise
- country-made liquor
- suspicion
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11474 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- PIPRA District- Patna
======================================================
Rajesh Kumar Chauhan @ Pintu Chauhan @ Rajesh Chauhan, son of
Bhushan Prasad Chauhan @ Bhushan Chauhan @ Bhushan Prasad, Resident
of Village - Mahuabag, Sakraicha Ps- parsa Bazar, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajni Kant Singh, Adv.
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Pipra P.S. Case No. 03 of 2026 dated 10.01.2026 registered
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. The allegation is of recovery of 125 litres
country made liquor from the Scooty which does not belong
to the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
from the conscious possession of the petitioner. It is
submitted that only on the basis of suspicion, the petitioner
Patna High Court CR. MISC. No.11474 of 2026(2) dt.17-02-2026
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has been arrested as driver of the said vehicle. The
petitioner has no concern with the said liquor seized from
Scooty. It is further submitted that co-accused, namely, Raaj
Kapoor @ Baua has been granted bail vide order dated
12.02.2026 passed in Criminal Miscellaneous No. 9746 of
2026 by a co-ordinate Bench of this Court. The petitioner is
in custody since 10.01.2026, having one criminal case
against him and charge-sheet has been submitted in the
case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Excise Judge-II, Patna in connection with Pipra
P.S. Case No. 03 of 2026, subject to the following
conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
Patna High Court CR. MISC. No.11474 of 2026(2) dt.17-02-2026
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date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
(Khatim Reza, J)
prabhat/-
U T
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