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Patna High Court

AJAY CHAUDHARY @ AJAY KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Ajay Chaudhary, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 35 litres of liquor from a location adjacent to his house. He asserted that he has a clean antecedent, was not caught in possession, and that the FIR does not disclose the informant’s name, casting doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s criminal antecedent by the trial court. If any prior case is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the lack of an informant’s name in the FIR and the absence of possession justify anticipatory bail
  • Whether the petitioner’s clean antecedent warrants provisional bail pending verification

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1347 of 2026
                   Arising Out of PS. Case No.-325 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
                                                         Saharsa
                 ======================================================
                 AJAY CHAUDHARY @ AJAY KUMAR Son of Bindeshwari Chaudhary
                 Resident of village - Hussain Chowk, Ward No.- 2, Police Station -
                 Bakhtiarpur, District - Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Vikram Singh, Advocate
                 For the Opposite Party/s :     Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 35 liters of liquor from a place behind the house of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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,
Patna High Court CR. MISC. No.1347 of 2026(2) dt.21-01-2026
                                            2/3




          but then is adjacent to his house and he came to be implicated at

          the instance of local person, but then the name of the person

          who disclosed the name of the petitioner is not disclosed in the

          FIR which casts an aspersion on the case of the prosecution,

          when petitioner admittedly is a person with clean antecedent.

                       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.

          500/- (Rupees Five Hundred) 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

          Bakhtiyarpur P.S. Case No. 325 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 even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.1347 of 2026(2) dt.21-01-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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