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Patna High Court

Guddu Chaudhary @ Guddu Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to specified conditions and verification of his criminal antecedent.

Summary

Guddu Chaudhary sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 80 litres of liquor. He argued that the liquor was not in his possession, the alleged location did not belong to him, and the complaint originated from a chowkidar without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a deposit of Rs.2,500 with the Advocates’ Association, subject to verification of his criminal antecedents under Section 482(2) of the BNSS. The order stipulated that if more than three prior excise cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The court directed the trial court to verify the antecedent and act accordingly.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2617 of 2026
                       Arising Out of PS. Case No.-217 Year-2025 Thana- DAUDPUR District- Saran
                 ======================================================
                 Guddu Chaudhary @ Guddu Kumar Chaudhary Son of Baliram Chaudhary
                 Resident of Daudpur Chatti, P.S.- Daudpur, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mirtunjay Kumar Tiwary
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 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.

                             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 three cases under the Excise Act and

                   allegation is of recovery of 80 litres of liquor from a sack.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of Chowkidar but

                   then it is submitted that if the Chowkidar was aware about the
Patna High Court CR. MISC. No.2617 of 2026(2) dt.28-01-2026
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          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. 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. 15,000/- (Rupees

          Fifteen 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 Daudpur P.S. Case No.

          217 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

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
              Patna High Court CR. MISC. No.2617 of 2026(2) dt.28-01-2026
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                        three 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 three 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. 2,500/- with Advocates’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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