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Patna High Court

Pahlad Chaudhary @ Prahlad ChaudhariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents, with confirmation contingent on the petitioner having no more than five prior cases.

Summary

The petitioner, Pahlad Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that 180 litres of liquor were recovered from a public place and not from his possession. He has five prior cases under the Excise Act and claims he was implicated solely on the basis of a chowkidar’s statement without proper investigation. The petitioner applied for anticipatory bail, while the State opposed the relief. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed verification of his criminal antecedents. The order further stipulated that if more than five prior cases are found, the bail would not be confirmed; if exactly five are found, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case under the Bihar Prohibition and Excise Act, 2022.
  • Whether the petitioner’s prior five cases under the Excise Act affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • prior convictions
  • Section 30
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11742 of 2026
                     Arising Out of PS. Case No.-331 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Pahlad Chaudhary @ Prahlad Chaudhari S/o Mahesh Chaudhary R/o Village -
                 Pipara, P.S - Gobindpur, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar
                 For the Opposite Party/s :      Ms Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 180 litres of liquor from a place near

                   Panchayat Bhawan. 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

                   chowkidar but then it is submitted that in maximum cases, the
Patna High Court CR. MISC. No.11742 of 2026(2) dt.24-02-2026
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          police implicates either through chowkidar, local person,

          confessional statement or secret information without holding a

          proper investigation. It is also submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically.

                       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.25,000/- (Rupees twenty 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

          Govindpur P.S. Case No.331/2025, 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

          five cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.11742 of 2026(2) dt.24-02-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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