Patna High Court
Shailesh Kumar @ Bhondu Chaudhary @ Shalesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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