Sanoj Chaudhary @ Sanoj Kumar ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10323 of 2026
                      Arising Out of PS. Case No.-132 Year-2025 Thana- SAHAJITPUR District- Saran
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           1.     Sanoj Chaudhary @ Sanoj Kumar Chaudhary Son of Late Yogendra
                  Chaudhary Resident of Sobhipur, P.S.- Janta Bajar, District - Saran.
           2.     Sohan Chaudhary Son of Late Binda Chaudhary Resident of P.S.- , District -
                  Saran.
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Mirtunjay Kumar Tiwary
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    Learned counsel for the petitioners submits that the

                   defect as pointed out by the office for providing typed copy of

                   pleadings made at para-3 of the anticipatory bail application be

                   ignored.

                             3.    In view of the submission made by learned counsel

                   for the petitioner, the office objection is hereby ignored.

                             4.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             5.    Learned counsel for the petitioners submits that the

                   petitioner no. 1 has antecedent of two cases under the Excise

                   Act and petitioner no. 2 is a person with clean antecedent and
Patna High Court CR. MISC. No.10323 of 2026(2) dt.26-02-2026
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          allegation is of recovery of 7 litres of liquor from a motorcycle.

                   6.     Learned counsel for the petitioners submits that the

          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and petitioner no. 2

          came to be implicated based on the fact that he is owner of the

          seized vehicle. It is next submitted that no prudent person would

          use his own vehicle for committing an occurrence and thus

          would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner no. 2 was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged, who also fled from the spot. It is next

          submitted that since petitioner no. 1 has antecedent of two cases

          under the Excise Act, as such he came to be implicated at the

          instance of Chowkidar with whom he is on an inimical term,

          when he was not even present at the place of occurrence.

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

          anticipatory bail of the petitioners.

                   8.     Considering the submissions made by the learned

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

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

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
              Patna High Court CR. MISC. No.10323 of 2026(2) dt.26-02-2026
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                        each 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 Sahajitpur P.S. Case No. 132 of 2025,

                        subject to the conditions as laid down under Section Section

                        482(2) of the BNSS.

                                 9.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than two cases and petitioner no. 2 has antecedent of even one

                        case then it would be presumed that petitioners, for the purposes

                        of seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioner no. 1 has antecedent of two cases and

                        petitioner no. 2 is a person with clean antecedent in that event

                        the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T