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Patna High Court

Ashish Singh Bhadouria @ Ashish BhadouriaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties and verification of antecedent.

Summary

The petitioner, Ashish Singh Bhadouria, sought anticipatory bail fearing arrest in a case alleging possession of 750 litres of liquor recovered from a Hyundai car registered in his father's name. He contended he had a clean antecedent and was unaware that his brother had misused the vehicle. The State opposed the bail, arguing the allegations under Sections 125(A), 125(B), 281, 106(2) and 3(5) of the Bihar Narcotic Substances Act read with Sections 30(a) and 37 of the Bihar Excise Act. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a condition that the trial court verify the petitioner’s antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious liquor‑related offences alleged.
  • Whether the registration of the vehicle in the petitioner’s father’s name implicates the petitioner.
  • Whether the petitioner’s claim of a clean antecedent warrants provisional bail pending verification.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle registration
  • clean antecedent
  • provisional bail
  • Bihar Excise Act
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16323 of 2026
                    Arising Out of PS. Case No.-467 Year-2025 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
                 Ashish Singh Bhadouria @ Ashish Bhadouria S/o- Ramkumar Singh
                 Bhadouria R/o- H77 Aditya Puram, Pooja Dairy, Maharaj Pura Gird, Gwalior,
                 Madhya Pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Vijeyendra Pratap, Advocate
                 For the Opposite Party/s :      Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 125(A),

                   125(B), 281, 106(2) and 3(5) of the BNS read with Sections

                   30(a) and 37 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 750 liters of liquor from a Hyundai Car.

                                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 came to be

                   implicated based on the fact that the car was registered in the
Patna High Court CR. MISC. No.16323 of 2026(2) dt.17-03-2026
                                            2/3




          name of his father, but then it is submitted that no prudent

          person would use his own vehicle for committing an occurrence

          and thus would create evidence against himself and hence

          would get implicated, it is further submitted that petitioner was

          completely unaware that his brother, Vishal, would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot.

                       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 Gandhi

          Maidan P.S. Case No. 467 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
            Patna High Court CR. MISC. No.16323 of 2026(2) dt.17-03-2026
                                                        3/3




                      seeking anticipatory bail, had concealed his 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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