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Patna High Court

Raju Chaudhary @ Raj Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of antecedent cases.

Summary

The petitioner, Raju Chaudhary, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly recovering 499.5 litres of liquor from a field adjacent to his residence. He argued that the liquor was not in his possession, the location did not belong to him, and that a hostile chowkidar falsely implicated him. The petitioner sought anticipatory bail, contending that the chowkidar’s delay in informing police undermined the prosecution’s case. The State opposed the bail. The court granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents, which would determine whether the bail is confirmed or set aside.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s alleged criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19672 of 2026
                    Arising Out of PS. Case No.-68 Year-2026 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Raju Chaudhary @ Raj Kumar Chaudhary S/o- Late Ram Nagina Chaudhary
                 R/v- Rasidpur Ps- Bachhwara Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bipin Kumar
                 For the Opposite Party/s :      Mr. Bharat Lal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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 (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 499.5 litres of liquor from a field

                   near Basa of the petitioner. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and even alleged recovery is

                   from a place which does not belong to the petitioner but then is

                   adjacent to his Basa and he came to be implicated at the instance

                   of chowkidar with whom he is on an inimical term. It is also
Patna High Court CR. MISC. No.19672 of 2026(2) dt.26-03-2026
                                            2/3




          submitted that if chowkidar was aware of the involvement of the

          petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       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.5000/- (Rupees five thousand) 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 Bachhwara P.S. Case No.68/2026, 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 more than

          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
             Patna High Court CR. MISC. No.19672 of 2026(2) dt.26-03-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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