Patna High Court
PUNNA CHOUDHRYversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail bond conditions.
Summary
Petitioner Punna Choudhry feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 240 litres of liquor from a public bush, with no possession or prior criminal record. He argued that the alleged recovery occurred on public land and that the informant’s name was omitted from the FIR, casting doubt on the prosecution. The State opposed his anticipatory bail. The High Court, considering the clean antecedent and lack of possession, ordered provisional anticipatory bail on a Rs.500 bond with two sureties, subject to verification of any criminal antecedents under Section 482(2). If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order directs the trial court to verify the petitioner’s antecedents within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged recovery of liquor from a public place and the petitioner’s clean antecedent justify granting anticipatory bail.
- Whether the trial court must verify the petitioner’s criminal antecedents before confirming the bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- bail bond
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- public place seizure
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1057 of 2026
Arising Out of PS. Case No.-325 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
PUNNA CHOUDHRY S/o Late Saryu Choudhry R/o vill - Baliya, P.S.-
Rajauli, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 240 litres of liquor from a bush. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of local person but then the name of the person
Patna High Court CR. MISC. No.1057 of 2026(2) dt.20-01-2026
2/3
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution,
when petitioner admittedly is a person with clean antecedent.
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 before the learned Court below
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 G.O.
Case No.325/2021, 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 even 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 is a person with clean
Patna High Court CR. MISC. No.1057 of 2026(2) dt.20-01-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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