Patna High Court
Ashish Singh Bhadouria @ Ashish BhadouriaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 106(2), 125(A), 125(B), 281, 3(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…