Patna High Court
Ramesh Chaudhary @ Ramesh Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of antecedents.
Summary
The petitioner, Ramesh Chaudhary, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 216 litres of liquor from a motorcycle and the courtyard of his house. He contended that he had no conscious possession of the liquor, was not the owner of the seized vehicle, and that the house was joint family property, making it uncertain that he stored the liquor. The petitioner also argued that he has a clean antecedent and that the FIR omitted the name of the informant, casting doubt on the prosecution's case. The State opposed the petition for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s antecedents, reserving the right to cancel the bail if any prior case is discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession and ownership of seized liquor.
- Whether the High Court can grant provisional anticipatory bail pending verification of the petitioner’s criminal antecedents.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- seizure of liquor
- joint family property
- bail conditions
- Section 482(2)
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1014 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Ramesh Chaudhary @ Ramesh Kumar Chaudhary S/o Late Daudhai
Chaudhary @ Late Dhodhai Chaudhary Resident of village - Shahpur, P.S-
Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, 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) 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 216 liters of liquor from a motorcycle and courtyard
of the house of the petitioner.
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 the seized vehicle and the house in question is a joint
Patna High Court CR. MISC. No.1014 of 2026(2) dt.20-01-2026
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family property, as such, it cannot be alleged with certainty that
it was petitioner who had kept the liquor in the courtyard or the
liquor kept in the courtyard was within his knowledge. It is also
submitted that petitioner came to be implicated at the instance of
local person, but then the name of the person who disclosed the
name of the petitioner is not disclosed in the 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 Sadar
Excise P.S. Case No. 235 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
Patna High Court CR. MISC. No.1014 of 2026(2) dt.20-01-2026
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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
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
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