Patna High Court
Jitan Chaudhary @ Jitan ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners’ antecedents, and stipulated that the bail would not be confirmed if more prior cases are discovered.
Summary
The petitioners, Jitan Chaudhary and Shatrudhan Chaudhary, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 180 litres of liquor concealed near their residence. Both have prior excise cases – three for petitioner 1 and one for petitioner 2 – and they sought anticipatory bail fearing arrest. The petitioners argued that the liquor was recovered from a location not under their possession and that the investigation was mechanically based on a chowkidar’s suspicion. The State opposed the bail. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs 15,000 with two sureties, and ordered verification of the petitioners’ criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- prior criminal antecedent
- Section 482
- Bihar Excise Act
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17900 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- KALYANPUR District- East Champaran
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1. Jitan Chaudhary @ Jitan Chaudhari S/o Late Kamal Chaudhary R/o vill -
Pakdi Dixit, P.S.- Kalyanpur, Distt.- East Champaran
2. Shatrudhan Chaudhary S/o Bhola Chaudhary R/o vill - Pakdi Dixit, P.S.-
Kalyanpur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar
For the Opposite Party/s : Mr. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases under the Excise
Act and petitioner no. 2 has antecedent of one case under the
Excise Act and allegation is of recovery of 180 liters of liquor
from gallons concealed under straw near hut of petitioners.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.17900 of 2026(2) dt.19-03-2026
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was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners, but then adjacent to their house, thus, came to be
implicated at the instance of Chowkidar based on suspicion. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
15,000/- (Rupees Fifteen Thousand) each 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 Kalyanpur P.S. Case No. 458 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 petitioners and in the
Patna High Court CR. MISC. No.17900 of 2026(2) dt.19-03-2026
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event if it is found that petitioner no. 1 has antecedent of more
than three cases and petitioner no. 2 has antecedent of more than
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed, but after verification if it is
found that petitioner no. 1 has antecedent of three cases only and
petitioner no. 2 has antecedent of one case only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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