Patna High Court
Dilip ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to bail bond conditions and verification of their criminal antecedents.
Summary
The petitioners, Dilip Chauhan and Ganauri Chauhan, applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act for alleged recovery of 75 litres of liquor. They argued that the liquor was seized from a location not belonging to them and that a watchman (Chowkidar) who knew of their involvement did not inform police earlier, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 each with two sureties, subject to verification of their criminal antecedents under Section 482(2) of the Criminal Procedure Code. The court clarified that if more than one antecedent case is found, the bail would be cancelled; if only one antecedent case is found, the provisional bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.
- Whether the existence of multiple criminal antecedents should preclude the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate in this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- criminal antecedent
- bail bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12007 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- NARHATT District- Nawada
======================================================
1. Dilip Chauhan S/o Ganauri Chauhan R/o Village - Hajaratpur, P.S - Narhat,
District - Nawada
2. Ganauri Chauhan S/o Late Gurucharan Chauhan R/o Village - Hajaratpur,
P.S - Narhat, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) and
30(d) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
allegation is of recovery of 75 litres of liquor from a bush. It is
next submitted that petitioners were not arrested from the spot,
as such, nothing was recovered from their conscious possession
and even alleged recovery is from a place which does not
belong to the petitioners and they came to be implicated at the
Patna High Court CR. MISC. No.12007 of 2026(2) dt.24-02-2026
2/3
instance of Chowkidar with whom they are on an inimical term.
It is also submitted that if Chowkidar was aware of the
involvement of the petitioners in the occurrence they why he did
not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court-1, Nawada in connection with
Narhat P.S. Case No.08 of 2026, 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 petitioners shall verify
the criminal antecedent of the petitioners and in the event, if it is
found that petitioners have antecedent of more than one case,
Patna High Court CR. MISC. No.12007 of 2026(2) dt.24-02-2026
3/3
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners have antecedent of only
one case, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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