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Patna High Court

Rakesh Chaudhary @ Rakesh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated bail conditions.

Summary

The petitioner, Rakesh Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 98 litres of liquor were recovered from his shop. He contended that he was not in possession of the liquor, was not the owner of the shop, and that the police relied on secret information without conducting a proper investigation. The petitioner applied for anticipatory bail, arguing that the investigation was mechanical and that he had only one prior case under the Excise Act. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stating that confirmation of the bail would depend on that verification.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Whether the petitioner’s alleged lack of possession and ownership, and the nature of the police investigation, justify anticipatory bail?
  • What conditions should be imposed on anticipatory bail under Section 482(2) of the CrPC?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • police investigation
  • secret information
  • Section 30
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10297 of 2026
                      Arising Out of PS. Case No.-624 Year-2025 Thana- SAKRA District- Muzaffarpur
                 ======================================================
                 Rakesh Chaudhary @ Rakesh Mahto S/o Nand Kishore Mahto @ Nand
                 Kishor Mahto R/o Village- Mahmadpur Dardha @ Mahamadpur Dardha @
                 Mahamadpur Badal, P.S- Sakra, Dist- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Yugal Kishore
                 For the Opposite Party/s :        Mr. Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 98 litres of liquor from shop of the

                   petitioner. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and is not the owner of the shop as has been

                   specifically pleaded at Para-7 of the anticipatory bail

                   application. It is next submitted that this amply demonstrates
Patna High Court CR. MISC. No.10297 of 2026(3) dt.16-03-2026
                                            2/3




          that how police in mechanical manner investigates and

          implicates without holding a proper investigation and he came

          to be implicated based on secret information which is the easiest

          way to implicate someone. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five thousand) 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 Sakra P.S. Case No.624/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.10297 of 2026(3) dt.16-03-2026
                                                         3/3




                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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