Patna High Court

Krishna Kumar @ Raja ChoudharyversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted, subject to verification of antecedent cases and the conditions stipulated under Section 482(2).

Summary

Krishna Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 150 litres of liquor and a motorcycle were seized. He argued that he was not in possession of the seized items, was not the vehicle owner, and was implicated solely on the testimony of a chowkidar who may have falsely implicated him. The State opposed the bail. The court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents. If the petitioner is found to have more than one prior case, the bail will not be confirmed; if only one prior case, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s antecedent criminal cases affect the confirmation of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
liquor seizure
criminal antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12770 of 2026
                      Arising Out of PS. Case No.-457 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Krishna Kumar @ Raja Choudhary S/o Mahendra Choudhary R/o Village-
                 Panduri, P.S- Nasriganj, Dist- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Siddharth Harsh
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood
                 ======================================================
                 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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 150 litres of liquor from a sack along

                   with a motorcycle. It is next submitted that petitioner is not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and is not the owner of the seized vehicle

                   and he came to 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
Patna High Court CR. MISC. No.12770 of 2026(2) dt.10-03-2026
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          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that it appears that chowkidar in order to save the

          real culprit falsely implicated the petitioner.

                       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 Nasriganj P.S. Case No.457/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that thereafter 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 with but if after verification it is found that petitioner
             Patna High Court CR. MISC. No.12770 of 2026(2) dt.10-03-2026
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                       has antecedent of one case, in that event the provisional

                       anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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