Patna High Court
SHASHI KUMAR CHOUDHARYversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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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