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Patna High Court

Uttam Chaudhary @ Uttam Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Uttam Chaudhary applied for anticipatory bail after police recovered 29.280 litres of illicit foreign liquor from his residence under Section 30(a) of the Bihar Prohibition and Excise Act. The FIR alleged that the liquor was stored at his house and a suspect fled when police arrived. No counsel appeared for the petitioner, while the State was represented by Additional Public Prosecutor Shailendra Kumar. The court noted the seriousness of the offence and the petitioner’s six prior criminal antecedents. Considering these factors, the judge declined to grant anticipatory bail and dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the offence and his prior criminal record

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24013 of 2026
                            Arising Out of PS. Case No.-48 Year-2026 Thana- KOPA District- Saran
                 ======================================================
                 Uttam Chaudhary @ Uttam Kumar Chaudhary S/O Uma Shankar Chaudhary
                 R/O Village - Pojhia, P.S- Kopa, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         NONE
                 For the Opposite Party/s :         Mr. Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application for grant of anticipatory bail arises out of

                            Kopa Police Station Case No. 48 of 2026, dated

                            22.02.2026, disclosing offence under Section 30(a) of the

                            Bihar Prohibition and Excise Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 22.02.2026, the police while on patrolling duty

                            received secret information regarding storage of illicit

                            liquor near the house of petitioner in village Pojhiya.

                            Upon such, the police party reached at the place of

                            occurrence where one person fled away on seeing the

                            police party, whose name was later disclosed by local

                            vilalgers. On search, total 29.280 liters of illicit foreign
            Patna High Court CR. MISC. No.24013 of 2026(2) dt.22-04-2026
                                                        2/2




                               liquor was recovered from bags concealed behind the

                               house.

                          4.   No one appears on behalf of the petitioner.

                          5.   In view of the above and taking into consideration the

                               nature of allegation and seriousness of offence and the

                               fact that the petitioner is having six criminal antecedents,

                               I am not inclined to grant the petitioner privilege of

                               anticipatory bail.

                          6. This application is, accordingly, dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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