Patna High Court
Dilip Chaudhary @ ChammaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedents.
Summary
The petitioner, Dilip Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 93.34 litres of liquor from premises he rented but had vacated before the incident. He argued that no liquor was found in his possession and that the case was based on secret information without proper investigation, despite having four prior criminal cases, two of which relate to the Excise Act. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 and two sureties, subject to verification of his antecedents by the trial court. If the trial court finds more than four prior cases, the bail will not be confirmed; if exactly four, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in an excise offence where the accused was not in possession of the alleged contraband.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- secret information
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26398 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Dilip Chaudhary @ Chamma S/o Upendra Chaudhary R/o - Noniya Tola,
Chitragupt Nagar, P.S - Town, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases, out of which, two cases
are under the Excise Act and the allegation is of recovery of
93.34 litres of liquor from the rented premises of the petitioner.
It is next submitted that the petitioner was not arrested from the
spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a premise which
does not belong to the petitioner but then he was on rent but
Patna High Court CR. MISC. No.26398 of 2026(2) dt.22-04-2026
2/3
prior to the occurrence, he had left the house and he came to be
implicated based on secret information which is the easiest way
to implicate someone without holding a proper investigation. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees twenty 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 Madhubani Town P.S. Case No.96/2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.26398 of 2026(2) dt.22-04-2026
3/3
four cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…