Patna High Court
Dharo Chaudhary @ Dharmendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied because the offence pre‑dated the current Act, a non‑bailable warrant was already issued, and the petition was filed after an inordinate delay.
Summary
The petitioner, Dharo Chaudhary, sought anticipatory bail fearing arrest in a case under Sections 47(A) and 47(F) of the Bihar Excise Act, alleging recovery of 90 litres of liquor and 6,000 kg of Jawa Mahua. He contended that he was not apprehended at the spot, nothing was seized from his possession, and he was not named in the FIR, having been implicated later on secret information. The State opposed the bail, pointing out that the offence dated back to 2014, predating the current version of the Bihar Excise Act, and that a non‑bailable warrant had already been issued. The State also highlighted the petitioner’s prior excise case and the fact that the bail application was filed twelve years after the FIR was lodged. Considering the delay, the existence of a warrant, and the petitioner’s antecedent, the Court declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail can be granted when the offence dates prior to the current enactment of the Bihar Excise Act
- Whether the existence of a non‑bailable warrant and prior excise conviction preclude anticipatory bail
- Whether the twelve‑year delay in filing the anticipatory bail application defeats the relief
Legislation cited
- Bihar Excise Act — s. 47(A), 47(F)
Subjects
- anticipatory bail
- excise law
- non‑bailable warrant
- delay in filing
- secret information
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29768 of 2026
Arising Out of PS. Case No.-682 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Dharo Chaudhary @ Dharmendra Chaudhary S/O Ganauri Chaudhary
Resident of village- Chakpar, (Tungi), P.s Hisua, District -Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj
For the Opposite Party/s : Mr. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 Sections 47(A) and
(F) 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 90 liters of liquor along with 6000
kgs of Jawa Mahua from a place near bank of a river.
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 is not named
in the FIR and came to be implicated in the instant case based
Patna High Court CR. MISC. No.29768 of 2026(2) dt.05-05-2026
2/2
on secret information during the course of investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that case is of the
year 2014 i.e. prior to the present Bihar Excise Act coming into
force. It is also submitted that from perusal of the order
impugned, it would manifest that non-bailable warrant of arrest
has already been issued against the petitioner and he has
antecedent of one case under the Excise Act. It is also submitted
that the instant anticipatory bail application has been filed 12
years after the institution of the instant FIR.
6. Considering the submissions made by the learned
APP for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner.
7. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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