Patna High Court
Baithu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- R P MISHRA
Holding
Anticipatory bail was granted to Pradeep Chaudhary but denied to Baithu Chaudhary because the former's antecedents were less serious and the case did not warrant denial, whereas the latter's prior convictions made him unsuitable for bail.
Summary
The petitioners, Baithu Chaudhary and Pradeep Chaudhary, sought anticipatory bail in a case (Muffasil P.S. Case No. 1255 of 2025) involving the alleged recovery of 75 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners claimed they were falsely implicated based on a chowkidar's disclosure and argued that no prima facie case existed, also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail applications. The court, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, granted anticipatory bail to Pradeep Chaudhary upon surrender, subject to a bail bond of Rs.15,000 with two sureties, but rejected the bail request for Baithu Chaudhary due to his three prior criminal convictions. The order thus partially granted anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the presence of prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 precludes the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- bail bond
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- Section 103
- high court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11803 of 2026
Arising Out of PS. Case No.-1255 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Baithu Chaudhary Son of Late Ramphal Chaudhary Resident of Village-
Bhadeji, P.S.- Mofassil, District- Gayaji
2. Pradeep Chkaudhary Son of Late Ramphal Chaudhary Resident of Village-
Bhadeji, P.S.- Mofassil, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners apprehend their arrest in connection
with Muffasil P.S. Case No. 1255 of 2025, instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 75 litres
of liquor was recovered from plastic drum.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
The name of the petitioners transpired in this case on the basis
of disclosure made by local Chowkidar. The petitioners have
Patna High Court CR. MISC. No.11803 of 2026(2) dt.13-02-2026
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got no concern with the alleged recovery of liquor. The
petitioner No.1 has three criminal antecedents, whereas
petitioner No.2 has two criminal antecedents. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023. Learned counsel for the petitioners, therefore,
contends that prima-facie no case is made out against the
petitioners.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner No.2 namely Pradeep Chaudhary
in the event of his arrest/surrender before the learned Court
below within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.15,000/-
(Fifteen thousand) each with two sureties of the like amount
each to the satisfaction of Court below/concerned Court in
connection with Muffasil P.S. Case No. 1255 of 2025, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
7. So far petitioner No.1 Baithu Chaudhary is concerned,
considering the aforesaid facts and circumstances of the case as
also criminal antecedent of the petitioner No.1, as mentioned in
Patna High Court CR. MISC. No.11803 of 2026(2) dt.13-02-2026
3/3
para-3 of the application, in my view, this is not a fit case for
grant of anticipatory bail.
8. Accordingly, the prayer for grant of anticipatory bail to
the petitioner No.1 Baithu Chaudhary is, hereby, rejected.
(Rudra Prakash Mishra, J)
manish/-
U T
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