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2026 DAILYLAW 5347 (PAT)

Rajkumar Chouhan @ Bobby v. The State of Bihar

CR. MISC./17034/2026 · 2026-03-17

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17034 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- Excise P.S. District- Sheikhpura ====================================================== Rajkumar Chouhan @ Bobby S/o Ganga Chouhan Resident of Village- Karki Toran Bigha, PO- Karki, PS- Ariyari, District- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 17-03-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution is that from the bag o this petitioner, altogether 2 liters of country made liquor was recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. There is no independent witness of the seizure list rather they are police personnel and police has not followed Section 105 of BNSS Patna High Court CR. MISC. No.17034 of 2026(2) dt.17-03-2026 2/2 while preparing seizure. Moreover, the petitioner is languishing in judicial custody since 19.01.2026. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that petitioner is having criminal antecedent of three cases. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 34 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura with a condition that the petitioner will not indulge in similar nature of offences in future. Shubham/- (Ashok Kumar Pandey, J) U T