Patna High Court
AKASH CHAUHANversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted conditional anticipatory bail to the petitioner, subject to bond and surety requirements under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Akash Chauhan, sought anticipatory bail fearing arrest in a case (Chand P.S. Case No. 98 of 2026) involving alleged offences under the Bharatiya Nagrik Suraksha Sanhita, the Arms Act and the Bihar Prohibition & Excise Act. The prosecution alleged that co‑accused Sunil Yadav and Pankaj Yadav were involved in the illicit sale of liquor, attacked police, fired weapons and attempted to transport the liquor despite police presence. The petitioner contended he had no involvement, was not present at the scene, and was being falsely implicated due to village politics and prior excise‑related antecedents. The State opposed the grant of anticipatory bail. The Court, after considering the facts and the nature of the allegations, ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
- Whether the allegations against the petitioner justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagrik Suraksha Sanhita — s. 109(1), 132, 191(2), 191(3), 351(2), 352, 482(2)
- Bihar Prohibition & Excise Act — s. 45
Subjects
- anticipatory bail
- Section 482
- B.N.S.S.
- illicit liquor
- arms act
- excise law
- political victimisation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41404 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Akash Chauhan S/O Sahdev Chauhan @ Mahadev Chauhan R/O Vill.-
Basaha, P.S.- Chand, Dist.- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Chand P.S. Case No. 98 of 2026, instituted for the offences
punishable under Sections 352, 351(2), 132, 109(1), 191(2),
191(3) of the B.N.S., Section 27 of Arms Act and Section 45 of
Bihar Prohibition & Excise Act.
3. As per the prosecution case, on getting secret
information regarding selling of illicit liquor by co-accused
persons Sunil Yadav and Pankaj Yadav, police party reached at
the marked place and saw five motorcycles with three on each.
Before the police team search the motorcycles, the accused
persons attacked on them. Co-accused Sunil Yadav and Pankaj
Yadav made four rounds firing and they were not arrested on the
Patna High Court CR. MISC. No.41404 of 2026(2) dt.01-07-2026
2/3
spot. They pelted stones on the police vehicle. After threatening
the police team, accused persons transported a consignment of
liquor in front of police team but they could not do anything due
to fear.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case by the co-accused persons due to village politics and
having two criminal antecedents which belongs to Excise Act.
There is no specific allegation against the petitioner. He has no
concern with the seized articles or the motorcycles. He was not
present on the spot. He has no concern with the other co-
accused persons. No one has got injury. Petitioner is a young
boy aged about 23 year. Petitioner undertakes to co-operate in
the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and nature of
allegation, in the event of arrest or surrender before the Court
below within six weeks from today, 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
Patna High Court CR. MISC. No.41404 of 2026(2) dt.01-07-2026
3/3
learned Special Exclusive Judge Excise-I, Kaimur at Bhabhua in
connection with Chand P.S. Case No. 98 of 2026, subject to the
conditions laid down in Section 482 (2) of the Bharatiya Nagrik
Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.