Patna High Court
Krishna ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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(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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