Patna High Court
Santosh ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of antecedent under Section 482(2) of the BNSS.
Summary
Santosh Choudhary sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where he was alleged to be involved in the recovery of 37 litres of liquor and 1760 litres of semi‑manufactured liquor from a location not belonging to him. He argued that he was not arrested at the spot, had no possession, and had no relationship with the property owner, claiming the investigation relied on secret information. The State opposed the bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition of a Rs 10,000 bail bond with two sureties and a further verification of his criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed. The petitioner also agreed to deposit Rs 2,500 with the Lawyers’ Association.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and relationship to the recovered liquor site justifies bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2371 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- MASHRAK District- Saran
======================================================
Santosh Choudhary Son of Late Raghunath Choudhary R/o - Village - Sikti
Bhikham, P.S - Mashrakh, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 37 litres of liquor along with 1760
litres semi-manufactured liquor from a place near the house of
Bachendra Chaudhary.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
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and he has no concern or relation with Bachendra Chaudhary,
but then he came to be implicated based on secret information
which is the easiest way to implicate someone. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically 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 Mashrakh P.S. Case
No. 443 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
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Lawyers’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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