Patna High Court
Guddu ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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