Created by Fuzzy Cloud

Patna High Court

Raju ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Raju Chauhan, applied for anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 25 litres of liquor and a motorcycle from a brick kiln owned by another person. He contended that he has a clean criminal record, that the seized items were not in his possession, and that the police had mechanically implicated him by alleging ownership of the vehicle. The State opposed the bail, arguing that the material recovered justified detention. The High Court, after considering the submissions, 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 antecedents by the Special Judge, Excise‑II, Aurangabad. The court further stipulated that if any prior case is discovered, the provisional bail would be withdrawn; otherwise, it would be confirmed. The order was made under Section 482(2) of the B.N.S.S. and the anticipatory bail application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the material seized and the alleged ownership of the vehicle justify denial of anticipatory bail.
  • Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 482
  • clean antecedent
  • seizure of liquor
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12012 of 2026
                      Arising Out of PS. Case No.-81 Year-2024 Thana- RISIYAP District- Aurangabad
                 ======================================================
                 Raju Chauhan Son of Krishna Chauhan @ Krishna Noniya R/O Village - Raja
                 Bigha, P.S.- Rafigan, District - Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  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) and 30(d) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from brick kiln of Kaushal Singh

                   along with a motorcycle. 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 has no

                   concern with Kaushal Singh nor is the owner of the seized

                   vehicle, as has been pleaded at para-8 and 9 of the anticipatory
Patna High Court CR. MISC. No.12012 of 2026(2) dt.24-02-2026
                                            2/3




          bail application but then police in mechanical manner

          investigated and implicated the petitioner on the ground that

          petitioner is owner of the seized vehicle.

                       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 Court of Special

          Judge, Excise-II, Aurangabad in connection with Risiup P.S.

          Case No.81 of 2024, 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

          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,
               Patna High Court CR. MISC. No.12012 of 2026(2) dt.24-02-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.