Patna High Court
Chaneshwar Musahar @ Chaneshwar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Chaneshwar Musahar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that the alleged seizure of 30 litres of liquor was from a public place and not in his possession. He argued that the police had mechanically implicated him without proper investigation, relying on a chowkidar’s statement. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The order is subject to the inherent powers of the court under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s alleged lack of possession and the manner of investigation justify bail.
- What conditions may be imposed on anticipatory bail under Section 482 of the CrPC.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12503 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- AGIAON BAZAR District- Bhojpur
======================================================
Chaneshwar Musahar @ Chaneshwar Ram S/o Nagina Musahar @ Nagina
Ram Resident of Village- Suggival, P.S.- Agiaon Bazar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bhawana Jha
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 30 litres of liquor from a road at
village Suggiwal. 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 be implicated at the instance of
chowkidar. It is also submitted that once an accused is
Patna High Court CR. MISC. No.12503 of 2026(2) dt.10-03-2026
2/3
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five 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 Agiaon Bazar P.S. Case No.135/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.12503 of 2026(2) dt.10-03-2026
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on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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