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Patna High Court

Shailesh Kumar @ Bhondu Chaudhary @ Shalesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent not exceeding five prior cases.

Summary

Shailesh Kumar was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 175 litres of liquor and 200 litres of Jawa Mahua from a kiln near the Ahra river. He contended that he was not caught in possession, the seized material was not on his property, and that a hostile chowkidar had falsely implicated him. The petitioner, who has five prior excise cases, sought anticipatory bail fearing arrest. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than five prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in the present excise case under Section 482(2) of the BNSS
  • Whether the petitioner’s prior criminal antecedent of five cases precludes the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • criminal antecedent
  • excise offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28304 of 2026
                       Arising Out of PS. Case No.-328 Year-2025 Thana- CHAKAND District- Gaya
                 ======================================================
                 Shailesh Kumar @ Bhondu Chaudhary @ Shalesh Kumar S/o Late Ganauri
                 Chaudhary R/o Village - Channa, PS - Chandauti, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. 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

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 175 liters of liquor from a kiln

                   behind the village Simariya and near bank of Ahra river along

                   with 200 liters of Jawa Mahua which was destroyed at the spot.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.28304 of 2026(2) dt.29-04-2026
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          and is accessible to villagers at large and he came to be

          implicated at the instance of Chowkidar with whom he is on an

          inimical term. It is also submitted that if Chowkidar was aware

          of the 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

          also 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.

          25000/- (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 Chakand P.S. Case No. 328 of 2025 subject to the
            Patna High Court CR. MISC. No.28304 of 2026(2) dt.29-04-2026
                                                        3/3




                      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 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 only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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