Patna High Court

Guddu Chaudhary @ Guddu KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

Guddu Chaudhary sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 20 litres of liquor from a motorcycle. He argued he had a clean antecedent, was not in possession of the liquor, and was not the owner of the vehicle, claiming the accusation arose from local informants whose identity was omitted from the FIR. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs. 500 bond with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed upon verification. The order directs the trial court to verify the antecedent within six weeks.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
clean antecedent
Section 30
Bihar Excise Act
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18686 of 2026
                         Arising Out of PS. Case No.-36 Year-2026 Thana- NOKHA District- Rohtas
                 ======================================================
                 Guddu Chaudhary @ Guddu Kumar S/o Lal Babulal Chaudhary @ Lalbabu
                 Chaudhary R/o Village - Shivpur, P.S - Nokha, District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Babu Nandan Prasad
                 For the Opposite Party/s :        Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026               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 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 20 litres of liquor from a motorcycle.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of local people, but then the name of the person, who disclosed

                   the name of the petitioner is not disclosed in the FIR, which
Patna High Court CR. MISC. No.18686 of 2026(2) dt.25-03-2026
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          casts an aspersion on the case of the prosecution, when

          petitioner was not implicated based on secret information and is

          a person with clean antecedent.

                   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 Nokha

          P.S. Case No. 36 of 2026, 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

          person with clean antecedent in that event the provisional
              Patna High Court CR. MISC. No.18686 of 2026(2) dt.25-03-2026
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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