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Patna High Court

Krishna Chaudhary @ Krishna KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Krishna Chaudhary, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of liquor and Mahua, though no material was seized from his possession and the alleged site was public. He argued that the police relied on a chowkidar’s statement without proper investigation and questioned why the chowkidar did not inform police earlier. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.35,000 with two sureties and directed the trial court to verify his criminal antecedents. If more than seven prior cases are found, the bail will not be confirmed; if exactly seven, it will be confirmed immediately. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
  • Whether the petitioner’s alleged criminal antecedents affect the grant of bail.
  • Whether the police investigation was sufficient to justify the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • police investigation
  • criminal antecedents
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23044 of 2026
                      Arising Out of PS. Case No.-66 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Krishna Chaudhary @ Krishna Kumar S/o- Tarkeshwar Chaudhary Village-
                 Shobhipur PS- Janta Bazar, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Roshan Kumar
                 For the Opposite Party/s :       Ms Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  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 Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of 7 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 was also recovered from a bush

                   near a graveyard. 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 and is accessible to
Patna High Court CR. MISC. No.23044 of 2026(2) dt.08-04-2026
                                            2/3




          public at large and he came to be implicated at the instance of

          chowkidar but then it is 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. 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.35,000/- (Rupees thirty 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 Janta Bazar P.S.

          Case No.66/2026, 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
             Patna High Court CR. MISC. No.23044 of 2026(2) dt.08-04-2026
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                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       seven cases, 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

                       on verification it is found that petitioner has antecedent of seven

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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