Rajendra Chaudhary @ Rajendra ChaudhariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2572 of 2026
                       Arising Out of PS. Case No.-443 Year-2025 Thana- MASHRAK District- Saran
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                 Rajendra Chaudhary @ Rajendra Chaudhari S/o Late Raghunath Chaudhari
                 R/o Village - Sikti Bhikham, Police station - Mashrakh, District - Saran
                 Chapra

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Sachida Nand Rai
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             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 five cases under the Excise Act and

                   allegation is of recovery of 37 litres of liquor from a paddy field

                   of Bachendra Chaudhary and from a land attached to the house

                   of the petitioner and 1910 litres of semi-manufactured liquor

                   was destroyed at the spot.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.2572 of 2026(2) dt.28-01-2026
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          recovered from his conscious possession and he has no direct

          connection with Bachendra Chaudhary and the land from where

          the semi-manufactured liquor was recovered does not belong to

          the petitioner, but then is adjacent to his house as such 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. 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 Mashrakh (Mashrak)

          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
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                        shall verify the criminal antecedent of the petitioner and in the

                        event if it is found that petitioner has antecedent of more than five

                        cases then it would be presumed that petitioner, for the purposes of

                        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 five 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. 5,000/- with Advocates’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

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