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Patna High Court

SHASHI KUMAR CHOUDHARYversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bond conditions and verification of the petitioner's antecedent, with confirmation contingent on the findings.

Summary

The petitioner, Shashi Kumar Choudhary, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 56.670 litres of liquor from a public bush. He argued that he was not arrested at the spot, that the liquor was not in his possession, and that the investigation was based solely on secret information without proper inquiry. The State opposed the bail, contending the seriousness of the offence and the petitioner's prior three excise cases. The High Court, considering the submissions, ordered provisional anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner's criminal antecedent. The order further stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed, but if exactly three cases are found, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the lack of seizure of liquor from the petitioner's possession and reliance on secret information affect the grant of bail.
  • Whether the petitioner's prior three cases under the Excise Act preclude the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • secret information
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12496 of 2026
                    Arising Out of PS. Case No.-1173 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 SHASHI KUMAR CHOUDHARY S/O SHATRUDHAN CHOUDHARY
                 R/O VILLAGE- SADATPUR, KOLHUA PAIGAMBARPUR, P.S.- KANTI,
                 DISTRICT- MUZAFFARPUR

                                                                                      ... ... Petitioner/s
                                                         Versus
                 THE STATE OF BIHAR PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Chandra Shekhar Anand
                 For the Opposite Party/s :         Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.     The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 56.670 litres of liquor from a bush.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large. It is submitted that he came
Patna High Court CR. MISC. No.12496 of 2026(2) dt.09-03-2026
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          to be implicated based on secret information which is the easiest

          way to implicate someone. It is further submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation. It is also

          submitted that petitioner earlier also came to be implicated in a

          similar manner.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     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 trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees

          Fifteen Thousand) with two sureties of the like amount each to the

          satisfaction of the learned trial court where the case is

          pending/successor court in connection with Muzaffarpur Excise

          P.S. Case No.1173 of 2025, subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
              Patna High Court CR. MISC. No.12496 of 2026(2) dt.09-03-2026
                                                          3/3




                        three cases then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his antecedent

                        before this Court, as such, the provisional anticipatory bail order

                        shall not be confirmed, but after verification if it is found that

                        petitioner has antecedent of three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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