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Patna High Court

Nagendra ChaurasiaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s antecedents.

Summary

The petitioner, Nagendra Chaurasia, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 concerning the alleged recovery of 26 litres of liquor from two motorcycles. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and the motorcycles were stolen prior to the incident, with no FIR filed for the theft. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedents by the trial court. The order stipulates that if any prior case is discovered, the bail will not be confirmed, whereas a clean record will lead to immediate confirmation of the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the alleged theft of the motorcycles and lack of immediate possession of liquor affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 30(a) Bihar Prohibition and Excise Act
  • clean antecedent
  • provisional bail
  • stolen vehicle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24384 of 2026
                     Arising Out of PS. Case No.-253 Year-2022 Thana- BARAULI District- Gopalganj
                 ======================================================
                 Nagendra Chaurasia S/o Raja Ram Chaurasia R/o Village - Pakari Mishra
                 Tola Khadahi (Kharhi), P.S - Kateya, District - Gopalganj
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anirudh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Rabindra Kumar, 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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 26 litres of liquor from two motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that the

                   motorcycle was stolen prior to the occurrence and the FIR was

                   not instituted, hence, the petitioner filed an application in the
Patna High Court CR. MISC. No.24384 of 2026(2) dt.20-04-2026
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          Court of learned Chief Judicial Magistrate, Gopalganj on

          24.12.2020. It is also submitted that the police in mechanical

          manner implicate without holding a proper investigation of the

          case.

                       5. Mr. Rabindra Kumar, 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 appearing on behalf of the petitioner, let 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.500/- (Rupees

          Five Hundred) 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 Barauli P.S. Case

          No. 253 of 2022, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.24384 of 2026(2) dt.20-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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