Patna High Court
CR. MISC./51174/2026 of Mohan Kumar @ Mohan Kumar Chouhan Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51174 of 2026 Arising Out of PS. Case No.-111 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Mohan Kumar @ Mohan Kumar Chouhan Son of Hari Chouhan Resident of Village- Nadaon, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51174 of 2026
Arising Out of PS. Case No.-111 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ======================================================
Mohan Kumar @ Mohan Kumar Chouhan Son of Hari Chouhan Resident of Village- Nadaon, P.S.- Buxar Muffasil, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Satyapal Singh, Advocate
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Buxar (Muffasil) P.S. Case No. 111 of 2024, registered for the offenses punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Acting on a tip off regarding storage and sale of illicit wine, the police conducted raid, however, noticing the police party, the persons who were engaged in loading and unloading illicit wine on a tempo, succeeded in fleeing away out of whom the petitioner was also identified. In course of search, 67 liters of illicit wine was recovered.
4. Learned Advocate for the petitioner submits that neither the petitioner has any concern with the tempo in Patna High Court CR. MISC. No.51174 of 2026(2) dt.29-07-2026
question, nor the illicit wine which was recovered from the place of occurrence. Save and except the identification allegedly made by the mahal dafadar, there is no material which suggests the complicity of the petitioner in crime. The reason behind the false implication of the petitioner is said to be his past criminal antecedents, the details whereof have been disclosed in paragraph 3 of the bail application. There is lack of incriminating materials, which attract the rigors to entertain the plea of anticipatory bail, is the contention of the learned Advocate.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that besides the petitioner is carrying four criminal antecedents, he has been identified by the local chowkidar.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and considering there is no statutory compliance of section 103 and 105 of the BNSS, coupled with the fact that the petitioner has no concern with the vehicle in question, from where recovery has been made, besides the fact that save and except the disclosure by the mahal dafadar, there is no other material, let the petitioner above named be released on bail, in the event of his arrest or surrender Patna High Court CR. MISC. No.51174 of 2026(2) dt.29-07-2026
before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise 1st, Buxar in connection with Buxar (Muffasil) P.S. Case No. 111 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
siddharth/- (Harish Kumar, J) U T