Patna High Court
ARJUN KUMAR @ BANGUR CHAUDHARY @ ARJUN CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to a bail bond, sureties and verification of the petitioner’s antecedent.
Summary
Arjun Kumar Chaudhary applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of liquor. He asserted a clean antecedent and argued that the liquor was recovered from a location not belonging to him and that he was not caught in possession. The prosecution opposed the bail, but the court considered the lack of direct possession and the petitioner’s clean record. The High Court directed provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of antecedents by the trial court. It clarified that if any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be made final. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12014 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- SRINAGAR District- West Champaran
======================================================
ARJUN KUMAR @ BANGUR CHAUDHARY @ ARJUN CHAUDHARY
Son of Babu Ram Chaudhary Resident of Village - Jagdambapur Barai Tola,
Police Station - Srinagar, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 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) 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 45 litres of liquor from from a place near a Peepa
Pul and 20.28 litres of liquor from 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 a place which does not belong to the
petitioner and is accessible to villagers at large and he came to
Patna High Court CR. MISC. No.12014 of 2026(2) dt.26-02-2026
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be implicated at the instance of Chowkidar but then it is
submitted that if Chowkidar was aware of the involvement of
the 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, when 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 Exclusive Special
Judge Excise Court-II, Bettiah, West Champaran in connection
with Srinagar P.S. Case No.01 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 petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.12014 of 2026(2) dt.26-02-2026
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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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