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Patna High Court

Nandlal ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Nandlal Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that liquor was recovered from locations adjacent to his house but not from his possession. He contended that the police had mechanically implicated him based on a local informant’s statement without proper investigation. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs. 5,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedent. It stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
  • Whether the police investigation was sufficient to justify denial of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • police investigation
  • bail conditions
  • criminal antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28987 of 2026
                         Arising Out of PS. Case No.-54 Year-2026 Thana- NOKHA District- Rohtas
                 ======================================================
                 Nandlal Chaudhary S/O Sipahi Chaudhary R/O Village- Shivpur (South
                 Baraon) P.S.- Nokha, Dist.- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Babu Nandan Prasad
                 For the Opposite Party/s :        Ms. Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 5 liters of liquor from a place near a

                   pond, 25 liters of liquor from a bamboo orchard and 5 liters of

                   liquor concealed under husk behind the house of the petitioner.

                                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.28987 of 2026(2) dt.30-04-2026
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          but then is adjacent to his house and he came to be implicated at

          the instance of local person, but then it is 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.

          5000/- (Rupees 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 Nokha

          P.S. Case No. 54 of 2026 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 one case then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.28987 of 2026(2) dt.30-04-2026
                                                        3/3




                      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 one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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