Patna High Court

Kanhaiya Chaudhary @ KanhaiyaversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Kanhaiya Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 9 litres of liquor, though no liquor was found in his possession and the alleged recovery occurred on land not belonging to him. He claimed the complaint was filed by an inimical villager and that the police had not conducted a proper investigation. The petitioner, who has two prior excise cases, applied for anticipatory bail. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of his criminal antecedent; if more than two prior cases are found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner in the pending excise case.
Whether the petitioner’s prior criminal antecedent affects the grant or confirmation of anticipatory bail.

Legislation cited

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

Subjects

anticipatory bail
excise law
Section 30
criminal antecedent
provisional bail
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.210 of 2026
                      Arising Out of PS. Case No.-422 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Kanhaiya Chaudhary @ Kanhaiya S/O Ramdev Chaudhary R/O Village-
                 Amiawar @ Amiyawar, P.S- Nasriganj, Dist.- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the excise act and

                   allegation is of recovery of 9 liters of liquor from a sack.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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

                   and he came to be implicated at the instance of villager, Pankaj

                   Sharma with whom he is on an inimical term. It is also
Patna High Court CR. MISC. No.210 of 2026(2) dt.15-01-2026
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          submitted that once an accused is implicated in a case relating to

          excise, the police starts either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten 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 Nasriganj

          P.S. Case No. 422 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.210 of 2026(2) dt.15-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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