Patna High Court
Mithun Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Mithun Kumar Chaudhary, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act alleging his involvement in the seizure of 90 litres of illicit liquor. The FIR was based on the testimony of a chowkidar who named the petitioner, but no liquor was recovered from his conscious possession and he has no prior criminal record. The petitioner relied on a Full Bench decision of the Patna High Court in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The court, after considering the submissions and the precedent, granted anticipatory bail with a set of conditions and a bond of Rs.10,000 with two sureties. The order remains subject to revocation if the petitioner is found to have a criminal antecedent or violates any of the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the allegations in the FIR constitute a cognizable offence against the petitioner.
- Whether the petitioner’s lack of conscious possession and clean record justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- FIR
- conscious possession
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15318 of 2026
Arising Out of PS. Case No.-291 Year-2025 Thana- BARUN District- Aurangabad
======================================================
Mithun Kumar Chaudhary S/o Krishna Chaudhary @ Langa R/o Keshopur,
P.S.- Barun, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard Mr. Abhishek Kumar Singh, learned counsel
for the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Barun P.S. Case No. 291 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 10.06.2025 by the informant, Dharmendra Kumar
Yadav.
3. As per the prosecution story, the informant alleged
that the Police on secret information, reached near the Sone
River Bank. Those present, managed to escape but the
chowkidar named them, petitioner included. On search, there is
recovery/seizure of 90 liters of country-made liquor. This led to
the FIR.
4. Learned counsel for the petitioner submits that a
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perusal of the FIR itself would show that nothing has been
recovered from his conscious possession, only due to enmity,
the chowkidar named him and he has no criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
chowkidar named him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has recovered from his conscious possession
nor he has criminal antecedent, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
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antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned District and Additional Sessions Judge-
Cum-Exclusive Special Judge, Excise Court No. 1, Aurangabad
in connection with Barun P.S. Case No. 291 of 2025 subject to
the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
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submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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