Allowed¶19

Chhotu Prasad Chouhan v. The State of Bihar

Patna HC22 Dec 2025CR. MISC./89198/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 30(a) Bihar Prohibition and Excise Act; 9 litres illicit foreign liquor; motorcycle Reg. No. BR10-AF-5870; registered owner; co-accused Bikash Kumar and Viru Kumar; Panjwara P.S. Case No. 112 of 2025, District Banka; bail bond Rs. 10,000 with two sureties; Special Judge Exclusive Excise Court-2, Banka; Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023; Sunil Dutta Mishra, J.

What did the court decide?

Anticipatory bail: release in the event of arrest or surrender before the Court below within six weeks, on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Exclusive Excise Court-2, Banka, subject to Section 482(2) BNSS 2023 conditions. ¶19

Chhotu Prasad Chouhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, who apprehends arrest in Panjwara P.S. Case No. 112 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

¶11

Court's answer

Considering the facts, circumstances and submissions of counsel for the parties, the Court directed that the petitioner be released on bail in the event of arrest or surrender before the Court below within six weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Exclusive Excise Court-2, Banka, in connection with Panjwara P.S. Case No. 112 of 2025, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶19

Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court (Sunil Dutta Mishra, J., 22-12-2025), Criminal Miscellaneous No. 89198 of 2025: In Panjwara P.S. Case No. 112 of 2025, District Banka, registered under Section 30(a) of the Bihar Prohibition and Excise Act, arising from recovery of 9 litres of illicit foreign liquor from a white colour bag carried by the pillion rider of motorcycle Reg. No. BR10-AF-5870, whose driver and pillion rider (co-accused Bikash Kumar and Viru Kumar) were apprehended on the spot and of which the petitioner is the registered owner, the Court released the petitioner on bail in the event of arrest or surrender before the Court below within six weeks, on a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Exclusive Excise Court-2, Banka, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89198 of 2025

¶2

Arising Out of PS. Case No.-112 Year-2025 Thana- PANJWARA District- Banka

¶3

======================================================

¶4

Chhotu Prasad Chouhan S/O Janardan Prasad Chauhan, Resident of VillageRajvan, P.s.- Panjwara Barahat, Dist.- Banka ... ... Petitioner/s

¶5

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate Mr. Saurabh Raj, Advocate For the Opposite Party/s : Ms. Meena Singh, APP ======================================================

¶6

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA

¶7

ORAL ORDER

¶8

2 22-12-2025

¶9

Heard learned counsel for the petitioner and learned

¶10

A.P.P. for the State.

¶11

The petitioner apprehends arrest in a case registered

¶12

under Section 30(a) of Bihar Prohibition and Excise Act.

¶13

As per prosecution case, there is recovery of 9 litres

¶14

of illicit foreign liquor from a white colour bag carried by the pillion rider on a motorcycle bearing Reg. No. BR10-AF-5870. Co-accused Bikash Kumar and Viru Kumar, who were driver and pillion rider of the motorcycle, were apprehended on the spot. Petitioner is registered owner of the seized motorcycle.

¶15

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case being the registered owner of the motorcycle in question. Further submission is that on the date of occurrence, the motorcycle of the petitioner was taken by coaccused Bikash Kumar on the pretext that he has to go for pooja at Mandar Temple at Bounsi. Petitioner had no knowledge about

¶16

Patna High Court CR. MISC. No.89198 of 2025(2) dt.22-12-2025 2/2

¶17

the misuse by the said co-accused. Petitioner was neither present on the spot nor was he driving the said motorcycle or was the pillion rider. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent and he undertakes to cooperate in the investigation and trial.

¶18

Learned A.P.P. for the State opposed the prayer for bail.

¶19

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the above named petitioner be released on bail, in the event of arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Excise Court-2, Banka, in connection with Panjwara P.S. Case No. 112 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶20

(Sunil Dutta Mishra, J)

¶21

utkarsh/-

¶22

U T

Chhotu Prasad Chouhan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhotu Prasad Chouhan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mantu Kumar Vs the State of Bihar

Anju Devi Vs The State of Bihar

Aafrin Bano Vs The State of Bihar

Anshu Singh @ Ashutosh Singh Vs The State of Bihar

Surendra Yadav @ Surendra Yadav Prasad @ Surendra Prasad Yadav Vs The State of Bihar

Manish Kumar Vs The State of Bihar