Patna High Court
Gopali ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and statutory conditions.
Summary
The petitioners, Gopali Chauhan and Manohar Chauhan, feared arrest in a case (Roh P.S. Case No. 62 of 2026) filed under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after a police recovery of 47 litres of illicit liquor and 24.05 litres of Mahua wine from a co‑accused’s premises. They asserted that they had no involvement, that the primary accused was a relative, and that they possessed clean criminal records. The State opposed bail but conceded that no liquor was recovered from the petitioners’ possession. The Court considered the facts, the clean antecedents, and the statutory provisions governing anticipatory bail. It ordered that the petitioners be released on anticipatory bail, subject to a Rs.30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023, for a period of four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the BNSS, 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners’ clean antecedents and lack of direct recovery justify bail despite the FIR.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedents
- Section 30(a)
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23895 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- ROH District- Nawada
======================================================
1. Gopali Chauhan S/O Amirak Chauhan @ Ambika Chauhan R/O Vill.-
Mahrawan, P.S.- Roh, Dist.- Nawada
2. Manohar Chauhan @ Manohar Kumar S/O Pokhraj Chauhan R/O Vill.-
Mahrawan, P.S.- Roh, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 03-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The petitioners are apprehending arrest in
connection with Roh P.S. Case No. 62 of 2026, dated
21.02.2026, lodged under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
4. As per the prosecution, an FIR has been lodged
against three named accused persons, including the present
petitioner. Total recovery of 47 litres of illicit liquor has been
made from the house of the co-accused, namely, Champa Devi.
Patna High Court CR. MISC. No.23895 of 2026(3) dt.03-06-2026
2/3
Further, recovery of 24.05 litres of illicit Mahua wine has been
recovered from the hut located near 50 metres from the recovery
made from the first place.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel further submits that the apprehended accused is the
sister of petitioner No. 1 and the mother of petitioner No. 2.
Counsel further submits that the criminal antecedents of the
petitioners are clean, but since the said apprehended accused
was arrested, the police have implicated the petitioners in the
present case.
6. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that the recovery has
not been made from the petitioners’ possession and also their
antecedents are clean.
7. Considering the facts and circumstances of the
present case, let the above-named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Court No. 2, Nawada in
Patna High Court CR. MISC. No.23895 of 2026(3) dt.03-06-2026
3/3
connection with Roh P.S. Case No. 62 of 2026, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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