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Patna High Court

Surya Chaudhary @ Surja ChowdhuryversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Surya Chaudhary, applied for anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the alleged recovery of 0.18 litre of liquor from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that others would misuse his vehicle. The State opposed the bail, contending that ownership of the vehicle linked him to the offence. The High Court, considering the petitioner's clean record and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a verification of his antecedent by the trial court. The order stipulated that if any prior case is found, the bail would be withdrawn; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case arising under the Bihar Prohibition and Excise Act.
  • Whether mere ownership of the vehicle from which liquor was recovered makes the owner liable for the offence.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 32(3)
  • Section 482(2)
  • clean antecedent
  • vehicle ownership
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12056 of 2026
                     Arising Out of PS. Case No.-262 Year-2024 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Surya Chaudhary @ Surja Chowdhury S/o Sahadeb Chowdhury R/o Village -
                 Gennabari, P.S - Islampur, District - Uttar Dinajpur (W.B)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :         Mr. Md. Shakir Ahmad, 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 offences punishable under Sections 30(a) and 32(3) 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 0.18 litre of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus,

                   would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.12056 of 2026(2) dt.26-02-2026
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          implicated. It is also submitted that petitioner was completely

          unaware that Md. Torab and Naim Akhtar would misuse the

          vehicle in the manner as alleged, who were also apprehended

          from the spot.

                       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-II, Kishanganj in connection with Madya Nisedh

          P.S. Case No.262 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
               Patna High Court CR. MISC. No.12056 of 2026(2) dt.26-02-2026
                                                           3/3




                         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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