Patna High Court
Rahul Choudhary @ Rahul Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Rahul Choudhary, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a) and 32 of the Excise Act for alleged recovery of 139.2 litres of liquor from a room in a line hotel. The petitioner asserted that he has a clean antecedent, was not present at the spot of alleged recovery, and was unaware of any misuse of the premises by hotel guests. The State opposed the bail, arguing that the offences are non‑bailable and that the petitioner may be involved in the alleged contravention. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order further stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under Sections 30(a) and 32 of the Excise Act.
- Whether the petitioner’s claim of a clean antecedent and lack of possession of the alleged liquor merit the grant of bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the interests of justice.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26347 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- KORHA District- Katihar
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Rahul Choudhary @ Rahul Kumar Choudhary Son of Jagdish Chaudhary
Resident of Village - Dadpur, Gorgama, P.S.- Korha, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 32 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 139.2 litres of liquor from a room located at
backside of the line hotel.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and line hotel is a
place where guests in larger number come. It is next submitted
that no prudent person would use his own premises for
Patna High Court CR. MISC. No.26347 of 2026(2) dt.22-04-2026
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committing a crime and thus, would create evidence against
himself and hence, would get implicated and at the same time
shall bring disrepute to his business. It is further submitted that
petitioner was completely unaware that guests who had come to
stay in the room would misuse the room in the manner as
alleged. It is reiterated and submitted that petitioner is a person
with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Korha P. S. Case No.13 of 2026, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.26347 of 2026(2) dt.22-04-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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