Patna High Court
Manoj ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted as the FIR does not make out an offence and the petitioners are not found to be in conscious possession of the liquor.
Summary
Manoj Chaudhari and Upendra Chaudhari sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where an informant alleged they threw bags containing 15 litres of illicit liquor upon police arrival. The petitioners argued that no liquor was recovered from their conscious possession and that their prior criminal records should not prejudice the bail application. They relied on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if the FIR does not establish an offence. The State opposed, contending the petitioners fled with the liquor. The Court, considering the precedent and the lack of direct possession, granted anticipatory bail with a set of conditions including bail bond, sureties, regular appearances before police and court, and non‑interference with witnesses. The order directs that bail be released upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the facts alleged in the FIR constitute sufficient evidence of possession to deny anticipatory bail.
- Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- possession
- illicit liquor
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20757 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- UPHARA District- Aurangabad
======================================================
1. Manoj Chaudhari Son of Sat Narayan Chaudhari Resident of Village- Hamid
Nagar, P.S.- Uphara, District- Aurangabad
2. Upendra Chaudhari @ Doman Chaudhari @ Upendra Kumar Chaudhari Son
of Krishna Chaudhari Resident of Village- Hamid Nagar, P.S.- Uphara,
District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the State : Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Uphara P.S. Case No. 16 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 04.02.2026 by the informant, Mahesh Kumar
Paswan.
3. As per the prosecution story, the informant alleged
that on secret informant, the place was raided, the locals gave
the name of the persons who upon sight of the Police threw the
bag and escaped as these two petitioners and from their
respective bags, there is recovery/seizure of 9 liters and 6 liters
totaling 15 liter country made liquor. This led to the FIR.
Patna High Court CR. MISC. No.20757 of 2026(2) dt.08-04-2026
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4. Learned counsel for the petitioners submits that
nothing have been recovered from their conscious possession
and only because both have criminal antecedent, the locals
named him.
5. Further, learned counsel for the petitioners relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
upon sight of the Police they threw the bags and escaped.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the stand that nothing have been recovered from their
conscious possession, in that background, this Court is inclined
to extend them the privilege of anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.20757 of 2026(2) dt.08-04-2026
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receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Special Judge, Excise-2, Aurangabad in
connection with Uphara P.S. Case No. 16 of 2026 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.20757 of 2026(2) dt.08-04-2026
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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