Patna High Court

Rajesh ChaudharyversusThe State of Bihar

Decided: 31 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents and compliance with the conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Rajesh Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 10 litres of liquor were allegedly recovered from a location adjacent to his house but not from his possession. He argued that the police relied on secret information and did not conduct a proper investigation, and that he has only one prior case under the Excise Act. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the conditions imposed under Section 482(2) of the CrPC are applicable.
Whether the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
Section 30
Section 482
criminal antecedent
police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20722 of 2026
                         Arising Out of PS. Case No.-31 Year-2026 Thana- MANJHI District- Saran
                 ======================================================
                 Rajesh Chaudhary S/o Jagdish Chaudhry R/o Vill- Manjhi Godha Par, P.s.-
                 Manjhi, Distt- Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyanshu Kumar Singh
                 For the Opposite Party/s :        Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 10 litres of liquor from a place near

                   the house 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 the house of the petitioner and he came to be

                   implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.20722 of 2026(2) dt.31-03-2026
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          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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 Manjhi P.S. Case No.31/2026, 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.20722 of 2026(2) dt.31-03-2026
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                       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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