Patna High Court
Kuwar Chauhan @ Kunwar ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions.
Summary
The petitioner, Kuwar Chauhan, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the recovery of 72 litres of illicit liquor. The prosecution alleged that the liquor was recovered from a roadside and that the petitioner’s name appeared in a co‑accused’s confessional statement, though no incriminating material was found in his possession. The petitioner’s counsel argued that the recovery was from a public place, he had no direct connection, and the only link was the co‑accused’s statement. The State opposed the bail. The court, considering the nature of the accusation and the circumstances of the recovery, allowed anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and the condition under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the petitioner’s name is mentioned only in a co‑accused’s statement and no material is recovered from his possession
- Whether the nature of the offence and the place of recovery justify denial of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12658 of 2026
Arising Out of PS. Case No.-336 Year-2024 Thana- NAUTAN District- Siwan
======================================================
Kuwar Chauhan @ Kunwar Chauhan Son of Pahwari Chauhan @ Pawari
Chauhan @ Pawahari Chauhan Resident of Village - Chhotka Manjha, P.S.-
Nautan, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 72 litres illicit liquor was
recovered from road side.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Name of the petitioner transpired
during investigation in confessional statement of co-accused.
Recovery was made from an open place, accessible to one and
all and petitioner has got no concern with the alleged recovery.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.12658 of 2026(2) dt.09-04-2026
2/2
application.
6. Considering nature of accusation and place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-cum-Exclusive Special Court, Excise Act-I, Siwan in
connection with Nautan P. S. Case No. 336 of 2024, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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