Patna High Court
Nandkishor ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted as no conscious possession was established and the Full Bench precedent permits bail despite Section 76(2) when no offence is made out.
Summary
The petitioner, Nandkishor Chaudhari, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 33.8 litres of country‑made liquor from his house. He contended that he is a crippled person, had no conscious possession of the liquor, and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar in Section 76(2) if no offence is made out. The State opposed the bail on the ground of the petitioner’s criminal antecedents. The Court, considering the precedent and the lack of evidence of conscious possession, granted anticipatory bail with a set of stringent conditions regarding sureties, regular appearances before police and the trial court, and non‑interference with witnesses. The order directs that bail be released within four weeks upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the petitioner was in conscious possession of the seized liquor.
- Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- conscious possession
- criminal antecedent
- disability
- bail conditions
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25769 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- JAMHOR District- Aurangabad
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Nandkishor Chaudhari S/o Ganauri Chaudhari R/o vill and P.S.- Jamhore,
Dist.- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Adv.
Mrs. Leelawati Kumari, Adv.
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard Mrs. Leelawati Kumari, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Jamhore P.S. Case No. 31 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on secret
information, raided the house of the petitioner and there is
recovery/seizure of 33.8 litres country made liquor. This led to
the FIR.
4. Learned counsel for the petitioner submits that he is
a crippled person, is not in a position to even move on his legs,
only because he has criminal antecedent, got implicated, nothing
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has been recovered from his conscious possession.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the fact that nothing has been recovered from his conscious
possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge, Excise-II, Aurangabad in
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connection with Jamhore P.S. Case No. 31 of 2026 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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