Patna High Court
Jai Prakash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with stipulated conditions.
Summary
The petitioner, Jai Prakash Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 50 litres of liquor from a vehicle he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that the vehicle would be misused by another person. The State opposed the bail, contending that the offence warranted detention. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a modest bond, sureties, and a condition that the trial court verify the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked, whereas confirmation would follow if the petitioner is found to have a clean record.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the High Court may impose conditions under Section 482(2) of the BNSS while granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- vehicle ownership
- Section 482
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1835 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- DEHRI TOWN District- Rohtas
======================================================
Jai Prakash Chaudhary S/O Late Suraj Chaudhary R/O Mohalla- Kajipur, P.S-
Sasaram (Muffasil), Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from a Toto.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.1835 of 2026(2) dt.27-01-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Akash 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.
500/- (Rupees Five Hundred) 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 Dehri
(Town) P.S. Case No. 403 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
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
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocate Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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