Patna High Court
Jhuna @ Jhuna ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail must be granted as the petitioner was not apprehended on the spot, no recovery was made from his possession, and the mandatory search and seizure provisions were violated.
Summary
The petitioner, Jhuna Chauhan, was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged involvement in the recovery of 216 litres of illicit liquor. The prosecution’s case relied on the apprehension of a person who identified the petitioner, but the petitioner was not seized at the scene, no liquor was found in his possession, and the vehicles involved did not belong to him. The search and seizure were also conducted without an independent witness, violating statutory requirements. The State opposed bail citing three prior criminal cases, although the petitioner was already out on bail in those matters. Considering the lack of direct apprehension, absence of seized material, and procedural lapses, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions of cooperation and court attendance.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of the case.
- Whether the violation of mandatory search and seizure provisions warrants the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- search and seizure violation
- anticipatory bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35112 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- DEHRI TOWN District- Rohtas
======================================================
Jhuna @ Jhuna Chauhan S/O Late Dadan Chauhan R/O Village/At- New
Area, West Mohan Bigha, Ward No.17, P.S.- Dehri Town, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the State : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act, 2018.
3. As per the prosecution case, there is recovery of
216 liters of illicit liquor from a tempo and a motorcycle and
one Ghanshyam Paswan was apprehended on the spot who
took the name of the petitioner and one Taraiya, amongst the
persons who fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that
the petitioner was neither apprehended from the spot nor any
recovery was made from his personal or conscious possession.
None of the vehicles belong to the petitioner and the search and
Patna High Court CR. MISC. No.35112 of 2026(3) dt.11-06-2026
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seizure was also not done in presence of any independent
witness. It is pointed out that the similarly situated co-accused
Taraiya has already been granted anticipatory bail by a co-
ordinate Bench of this Court vide order dated 20.05.2026
passed in Cr. Misc. No. 34720 of 2026. The petitioner is in
custody since 19.04.2026.
5. Learned APP for the State opposed the bail
petition of the petitioner on the ground that the petitioner has
three criminal antecedent.
6. In response, it is submitted that the petitioner is
on bail in the said cases.
7. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner was not apprehended on the spot and no recovery
was made from his possession coupled with the fact that the
mandatory provisions of search and seizure have been violated,
let the above named petitioner, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge Excise-I, Rohtas at
Sasaram/concerned Court below in connection with Dehri (T)
P.S. Case No. 89 of 2026, subject to the conditions:-
Patna High Court CR. MISC. No.35112 of 2026(3) dt.11-06-2026
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(i) One of the bailors shall be a family member/close
relative.
(ii) The petitioner shall cooperate in the investigation
and shall remain physically present in court on each and every
date during trial and in the event of failure on two consecutive
dates without sufficient reasons, his bail bonds shall be liable to
be cancelled by the learned court concerned.
(Soni Shrivastava, J)
priyanka/-
U T
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