Patna High Court
Vijay Chaudhary @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
Checking your session…