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Patna High Court

Guddu ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Guddu Chauhan, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 36 litres of liquor from a motorcycle. He argued that he was not arrested at the spot, nothing was seized from his possession, and he is not the owner of the vehicle, contending that the case was based solely on secret information. The State opposed the bail, citing the seriousness of the excise offence and the petitioner’s prior criminal antecedents. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes bail bonds of Rs.15,000 with two sureties, and the trial court verifies his antecedents. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of seizure from the petitioner’s possession and lack of ownership of the vehicle affect the grant of anticipatory bail.
  • Whether reliance on secret information alone suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • secret information
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14845 of 2026
                       Arising Out of PS. Case No.-19 Year-2024 Thana- SRIPUR District- Gopalganj
                 ======================================================
                 Guddu Chauhan S/o Mahesh Chauhan @ Mahesh Noniya R/o Village-
                 Lamichur, PS- Bhore, Distt- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikash Kumar Shukla
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 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 the

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 36

                   litres of liquor from a motorcycle.

                             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 is not the owner of

                   the seized vehicle. It is further submitted that he came to be

                   implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.14845 of 2026(2) dt.13-03-2026
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          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.

                   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 Sripur P.S. Case No.

          19 of 2024, 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

          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
              Patna High Court CR. MISC. No.14845 of 2026(2) dt.13-03-2026
                                                          3/3




                        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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