Patna High Court

Lal Bahadur Chouhan @ Lal Bahadur ChoudharyversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents, with confirmation contingent on the antecedent check.

Summary

The petitioner, Lal Bahadur Chouhan, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 40 litres of liquor recovered near a canal. He argued that the liquor was not in his conscious possession, the recovery site did not belong to him, and the complaint was filed by a hostile chowkidar. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. It stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s alleged antecedent cases affect the grant of anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
Section 482
criminal antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14546 of 2026
                       Arising Out of PS. Case No.-13 Year-2026 Thana- BARAHAT District- Banka
                 ======================================================
                 Lal Bahadur Chouhan @ Lal Bahadur Choudhary S/o Nursingh Chouhan
                 Resident of village - Dhanukatand, P.S - Barahat, District - Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 40 liters of

                   liquor from a bag near a canal at village Dhanukatar.

                                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

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.14546 of 2026(2) dt.13-03-2026
                                            2/3




          implicated at the instance of Chowkidar with whom he is on an

          inimical term. It is next submitted that if Chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

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

                       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.

          10,000/- (Rupees Ten 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 Barahat

          P.S. Case No. 13 of 2026 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 two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.14546 of 2026(2) dt.13-03-2026
                                                        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 has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…