Patna High Court
Dharmendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally in the absence of immediate arrest and with a clean antecedent, subject to verification by the trial court.
Summary
Dharmendra Choudhary was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly recovering 100 litres of liquor from a bush. He contended that he has a clean antecedent, was not arrested at the spot, and that the allegation stemmed from a hostile watchman. The petitioner sought anticipatory bail, arguing lack of possession and possible false implication. The court examined the petitioner's clean record, the absence of immediate arrest, and the need to verify any prior criminal history. It granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties, subject to verification by the trial court, and stipulated that the bail could be cancelled if an antecedent is discovered. If the verification confirms a clean antecedent, the provisional order will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act, 2018
- Whether the petitioner’s lack of immediate arrest, absence of possession, and clean antecedent justify the grant of anticipatory bail
- Whether the trial court’s verification of the petitioner’s criminal antecedent can affect the confirmation or cancellation of the provisional anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18863 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- CHANDI District- Bhojpur
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Dharmendra Choudhary Son of Late Surendra Choudhary Resident of village
-Bhagwatpur Musahari Tola, PS - Chandi, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Riya Raj, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioner and Mr.
Chandra Bhushan Prasad, 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 the
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 100 litres of liquor from a bush.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of the Chawkidar
with whom he is on an inimical term. It is further submitted that
if the Chawkidar was aware of the involvement of the petitioner
Patna High Court CR. MISC. No.18863 of 2026(2) dt.26-03-2026
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in the occurrence then why he did not inform the police prior to
the institution of the instant FIR which casts an aspersion on the
case of the prosecution, when petitioner admittedly 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, let 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 Chandi P.S. Case No. 166 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.18863 of 2026(2) dt.26-03-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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