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Patna High Court

Guddu @ Dinesh Chaudhary @ Guddu ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedents, with confirmation contingent on the number of prior cases.

Summary

Guddu Chaudhary applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 50 litres of liquor from a paddy field that does not belong to him. He argued that the complaint was filed on the basis of an inimical chowkidar’s testimony and that no liquor was seized from his possession. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedents. The court stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC (referred to as B.N.S.S.) are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedents
  • Section 30
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23694 of 2026
                         Arising Out of PS. Case No.-98 Year-2026 Thana- NOKHA District- Rohtas
                 ======================================================
                 Guddu @ Dinesh Chaudhary @ Guddu Chaudhary S/o Bashishth Chaudhary
                 R/o Village - Kadwa or Mauna Tola or Mona Tola, P.S - Nokha, District -
                 Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Babu Nandan Prasad
                 For the Opposite Party/s :        Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases, out of which, two cases

                   are under the Excise Act and allegation is of recovery of 50

                   litres of liquor from a paddy field. 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 he came to be implicated at the instance of chowkidar with
Patna High Court CR. MISC. No.23694 of 2026(2) dt.09-04-2026
                                            2/3




          whom he is on an inimical term. It is next 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.

                       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.25,000/- (Rupees twenty 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 Nokha P.S. Case

          No.98/2026, 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

          five cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.23694 of 2026(2) dt.09-04-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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