Created by Fuzzy Cloud

Patna High Court

Vijay Chaudhary @ Vijay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedents, with confirmation only if no prior criminal case is found.

Summary

The petitioner, Vijay Chaudhary, sought anticipatory bail fearing arrest in a case under Sections 30(a), (b) and (c) of the Bihar Excise Act concerning the alleged recovery of 100 litres of liquor and 2000 litres of fermented Jawa Mahua, which were destroyed. He argued that he had no prior criminal record, was not in possession of the seized items, and was implicated only through a chowkidar’s testimony, questioning why the chowkidar did not inform police earlier. The State opposed the bail. The Court granted provisional anticipatory bail, requiring the petitioner to surrender within six weeks, furnish a bail bond of Rs.500 with two sureties, and submit to verification of his antecedents by the trial court. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision hinged on the petitioner’s clean record and lack of direct possession of the contraband.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30 of the Bihar Excise Act.
  • Whether the petitioner’s alleged lack of possession and clean antecedent justify granting bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1009 of 2026
                    Arising Out of PS. Case No.-1058 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Vijay Chaudhary @ Vijay Kumar S/O Chandan Chaudhary R/O Village-
                 Bhadeji P.S.-Muffasil, District- Gaya Ji.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a)(b)(c)

                   of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 100 liters of liquor from two motorcycles along with

                   2000 liters of fermented Jawa Mahua which was destroyed.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized vehicle and he came to be implicated

                   at the instance of Chowkidar, but then it is submitted that if
Patna High Court CR. MISC. No.1009 of 2026(2) dt.20-01-2026
                                            2/3




          Chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Muffasil

          P.S. Case No. 1058 of 2025 subject to the conditions as laid

          down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.1009 of 2026(2) dt.20-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.