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Patna High Court

Umesh Chaudhary @ Butan ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of the petitioner’s antecedent.

Summary

Umesh Chaudhary was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 14.8 litres of liquor from a bamboo orchard. He asserted that he had no possession of the liquor, the orchard did not belong to him, and that he possessed a clean criminal record, contending that the chowkidar falsely implicated him. The State opposed his anticipatory bail application. The Patna High Court, after hearing both sides, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail‑bond of Rs.500 with two sureties, subject to verification of his antecedent under Section 482(2) of the B.N.S.S. The order further provided that the bail would be cancelled if any antecedent is discovered, otherwise it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the petitioner claims no possession and a clean antecedent.
  • Whether the provisional bail should be conditioned on verification of the petitioner’s criminal antecedent under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1095 of 2026
                       Arising Out of PS. Case No.-130 Year-2025 Thana- DHANSOI District- Buxar
                 ======================================================
                 Umesh Chaudhary @ Butan Chaudhary S/O Rajesh Chaudhary R/O Village-
                 Samahuta, P.S- Dhansoin, Distt.- Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shankar Pathak, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 14.800 litres of liquor from a place near a bamboo

                   orchard. 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 an

                   orchard which does not belong to the petitioner and he came to

                   be implicated at the instance of Chowkidar then it is submitted

                   that if Chowkidar was aware of the involvement of the
Patna High Court CR. MISC. No.1095 of 2026(2) dt.20-01-2026
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          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. It is also submitted that

          it appears that the Chowkidar in order to save the real culprit

          falsely implicated the petitioner, which petitioner admittedly is a

          person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Special Excise

          Court No.-1, Buxar in connection with Dhansoin P.S. Case

          No.130 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.1095 of 2026(2) dt.20-01-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)

Sanjay/-

U          T


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