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Patna High Court

Krishna ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Krishna Chaudhary applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition & Excise Act after police recovered 35 litres of illicit liquor from a bamboo grove. The petitioner argued that nothing was seized from his personal possession and that the seizure memo lacked signatures of independent witnesses, casting doubt on its legality. The State opposed the bail, citing a prior criminal antecedent. The court noted the absence of recovery from the petitioner’s conscious possession and the procedural defect in the seizure memo, and therefore granted anticipatory bail subject to conditions under CrPC 438(2) and the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order required a bond, sureties, cooperation with investigation, and verification of the petitioner’s criminal antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the seizure of liquor from the bamboo grove was lawful given the lack of independent witness signatures.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal seizure
  • search and seizure memo
  • Bihar Prohibition & Excise Act
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16918 of 2026
                   Arising Out of PS. Case No.-13 Year-2026 Thana- Manuapul District- West Champaran
                 ======================================================
                 Krishna Chaudhary Son of Motilal Chaudhary R/o Village - Patarkha, Ward
                 no. 5, Tola Bishunpur, P.S. - Manuapur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Niraj Kumar Sharma
                 For the Opposite Party/s :       Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehend his arrest in connection

                   with Manuapul P.S. Case No. 13 of 2026, registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                3. On a secret information, the police party raided the

                   place of occurrence and recovered 35 liters of country-made

                   liquor from the bamboo grove. Seeing the police party, the

                   petitioner fled away.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated.

                   Nothing has been recovered from his conscious physical

                   possession. The allegation against him is general and omnibus.
Patna High Court CR. MISC. No.16918 of 2026(2) dt.25-03-2026
                                            2/3




                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                       6. Although there is one criminal antecedent against

          the petitioner, as disclosed in paragraph-3 of the application, it

          appears that the petitioner was not apprehended on the spot and

          therefore no recovery has been made from his conscious

          physical possession. The recovery has been made from an open

          field of bamboo grove. Further, taking note of the fact that the

          search and seizure memo has not been signed by two

          independent witnesses, thereby putting a question mark on the

          legality and validity of the seizure itself, I am inclined to grant

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Special Judge, Excise Court-I, Bettiah,

          West Champaran in connection with Manuapul P.S. Case No. 13

          of 2026, subject to the conditions laid down under section

          438(2) of the Code of Criminal Procedure/Section 482(2) of the

          Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further

          condition that :-
           Patna High Court CR. MISC. No.16918 of 2026(2) dt.25-03-2026
                                                       3/3




                                  (i)   The      petitioners      shall   co-operate   in   the

                     investigation/ trial.

                                   (ii) The learned Court below would, however, verify

                     the criminal antecedent of the petitioners and in case it is found

                     that the petitioners have concealed his criminal antecedent, the

                     Court below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T


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