Patna High Court
Umesh Chaudhary @ Butan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
2/3
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
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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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