Created by Fuzzy Cloud

Patna High Court

Rajesh Kumar Chauhan @ Pintu Chauhan @ Rajesh ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.