Patna High Court
Jitendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail should be granted, subject to a bail bond and conditions prescribed under the BNSS, 2023.
Summary
The petitioner, Jitendra Chaudhary, was implicated in an excise case (Siwan P.S. Case No.91 of 2026) for allegedly manufacturing 80 litres of illicit liquor, alleged under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was not present at the site, that his name surfaced only through villagers' confessional statements, and that he has a clean criminal record. The State opposed his bail, arguing the seriousness of the offence. The High Court, considering the facts and the petitioner’s clean antecedent, granted anticipatory bail on the condition of furnishing a Rs.30,000 bond under Section 2(1)(d) of the BNSS, 2023 and compliance with Section 482(2) of the same Act, with a provision for verification of his criminal antecedent. The order also directed that the bail bond be accepted without delay pending verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS, 2023 in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged non‑presence at the scene and clean criminal record justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(c)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24874 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Jitendra Chaudhary S/o Late Ramram Chaudhari Resident of Village -
Hasanpura Pasi Tola, ward no. 15, P.S. - M.H. Nagar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 29-04-2026 Heard Learned Counsel for the petitioner and
Learned A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Excise Siwan P.S. Case No.91 of 2026, for the offence
punishable under Sections 30(a) & 30(c) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, the total recovery of 80
litres of country-made liquor have been alleged to be made from
a abandon place, which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that petitioner was not present on the spot and his
name has been transpired only due to confessional statement of
local villagers. He further submits that criminal antecedent of
the petitioner is clean. He further submits that the alleged
recovery has been made from open place and nothing has been
Patna High Court CR. MISC. No.24874 of 2026(2) dt.29-04-2026
2/2
recovered from conscious possession of the petitioner.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is clean.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Special Judge (Excise) Court No.2, Siwan, in
connection with Excise Siwan P.S. Case No.91 of 2026, subject
to the conditions as laid down U/s 482(2) of the BNSS, 2023
And further condition that the Trial Court shall verify
the criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the Trial Court shall take step for cancellation of
bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Dr. Anshuman, J)
Aman Kumar/-
U T
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