Patna High Court
Pawan Chaudhary @ Pawan Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to verification of the petitioner’s antecedent cases.
Summary
The petitioner applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act, alleging recovery of liquor and mahua from public places. The petitioner argued that he was not in possession of the seized items, that the recovery was made from locations not belonging to him, and that the complaint was motivated by an inimical relationship with a watchman. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedent. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only three antecedent cases are verified.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for offences under Section 30(a) of the Excise Act.
- Whether the petitioner’s alleged lack of possession of the seized liquor and mahua justifies bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22195 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Pawan Chaudhary @ Pawan Kumar Chaudhary son of Surendra Chaudhry
Resident of village - Shobhipur, ps- Janta Bazar, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar Tiwary
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 25 litres of liquor from a place
near a pond along with 2000 litres of mahua pass which was
destroyed and 10 litres of liquor from a bush near a cemetery.
4. The 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 alleged
recovery is from places, which does not belong to the petitioner
Patna High Court CR. MISC. No.22195 of 2026(2) dt.07-04-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Janta Bazar P. S. Case No.66 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.22195 of 2026(2) dt.07-04-2026
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7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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