Patna High Court

Jibachh Chaupal @ Jibachh Kumar ChaupalversusThe State of Bihar

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

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Jibachh Chaupal, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 765 litres of liquor from an orchard not owned by him. He asserted a clean criminal record and claimed he was implicated based on secret information, with no liquor recovered from his possession. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of the petitioner’s antecedents by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting provisional anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
clean antecedent
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18841 of 2026
                     Arising Out of PS. Case No.-495 Year-2025 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Jibachh Chaupal @ Jibachh Kumar Chaupal Son of Jharokhi Chaupal @
                 Jharokhi Das R/o Village - Kanti, P.S. - Sadar, Dist. - Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Baidyanath Prasad
                 For the Opposite Party/s :        Mr. Manoj Kumar
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 765 litres of liquor from an orchard. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession. It is

                   asserted and submitted that the alleged recovery is from an

                   orchard, which does not belong to the petitioner and he came to

                   be implicated based on secret information which is the easiest

                   way to implicate someone, without holding a proper
Patna High Court CR. MISC. No.18841 of 2026(2) dt.25-03-2026
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          investigation. It is also submitted that the police in order to save

          the real culprit falsely implicated the petitioner, when petitioner

          admittedly is a person with clean antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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     Excise        Sadar   (Darbhanga)   P.S.   Case

          No.495/2025, subject to the conditions as laid down under

          Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.18841 of 2026(2) dt.25-03-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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