Jugesh ChauhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35741 of 2026
                   Arising Out of PS. Case No.-29 Year-2026 Thana- NTPC KHAIRA District- Aurangabad
                 ======================================================
                 Jugesh Chauhan Son of Madan Chauhan Resident of village Mahvari, P.S.-
                 Nabinagar, District - Aurangabad, Bihar.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing for the State.

                                2. The petitioner apprehends his arrest in connection

                   with NTPC Khaira P.S. Case No.29 of 2026, for allegedly having

                   committed offence under Section 30(a) of Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to the

                   effect that on 03.04.2026, while the informant was on evening

                   patrolling duty, he received a confidential information with regard

                   to illegal transportation of liquor. The informant and police party

                   spotted a black coloured motorcycle coming from the direction of

                   village Jhiktiya. Upon seeing the police party, the person who was

                   riding the motorcycle fled away from there after leaving the

                   motorcycle. In presence of the witnesses, the motorcycle was
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          searched and from the motorcycle, 160 litres of illicit mahua liquor

          was recovered. The liquor and the motorcycle was seized.

                       4. The learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the present case. He

          further submits that the petitioner was not present at the place of

          occurrence and the motorcycle, which is said to have been seized

          does not belong to the petitioner. He further submits that the

          petitioner has got no concern with the alleged seized liquor and the

          name of the petitioner has been taken in the present case only on

          the basis of suspicion. The learned counsel for the petitioner

          further submits that the petitioner is an accused in three other

          cases, in which he is on bail.

                       5. Per Contra, the learned APP appearing on behalf of

          the state opposes the prayer for anticipatory bail of the petitioner

          and submits that the petitioner is a habitual offender and is accused

          in three other cases, out of which, two are of similar nature and it

          is every probability that if he is released on bail, he will indulge in

          the same activity again.

                       6. Having considered the rival submissions and after

          going through the records, it appears that the petitioner was not

          apprehended at the place of occurrence. From the motorcycle,

          which was seized, 160 litres of illicit mahua liquor is said to have

          been recovered. The motorcycle does not belong to the petitioner
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                          and on suspicion, his name transpired in the present case. The

                          petitioner has got three criminal antecedents, out of which, two

                          are of similar nature relating to Excise Act.

                                       7. Taking into consideration the facts aforesaid, let the

                          petitioner, above-named, in the event of his arrest or surrender

                          within a period of six weeks, 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-2, Aurangabad, Bihar in connection with NTPC

                          Khaira P.S. Case No.29 of 2026, subject to the conditions laid

                          down under Section 482(2) of the B.N.S.S, with a further

                          condition that:-

                                       The learned court concerned shall verify the criminal

                          antecedent of the petitioner and in case at any stage it is found that

                          the petitioner has concealed his criminal antecedent, the court

                          concerned shall take steps for cancellation of bail bond of the

                          petitioner. However, the acceptance of bail bond in terms of the

                          above-mentioned order shall not be delayed for purpose of or in

                          the name of verification.


                                                      (Ritesh Kumar, J.)

Sanjay/Shital

U        T