Patna High Court
Gaurav Kumar Chaudhary @ JattaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond and verification of antecedents, with confirmation contingent on the findings.
Summary
The petitioners, three individuals, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from a rented room not belonging to them and that they had no conscious possession. They contended that the investigation relied on secret information and that they were being mechanically implicated despite prior excise cases. The State opposed their application for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order conditioned confirmation of bail on verification of the petitioners' criminal antecedents, with a provision to withdraw bail if more cases are found than disclosed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30007 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- PATLIPUTRA District- Patna
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1. Gaurav Kumar Chaudhary @ Jatta S/o Raj Kumar Chaudhary R/O- Indira
Nagar Double Transformer, P.S.- Patliputra, Dist- Patna
2. Chhotu Kumar @ Akash Kumar S/o Raj Kumar Chaudhary R/O- Indira
Nagar Double Transformer, P.S.- Patliputra, Dist- Patna
3. Dilip Kumar @ Dilip Chaudhary S/o Late Rajendra Chaudhary @ Late
Rajindra Chaudhary R/O- Indira Nagar, P.S.- Patliputra, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd. Singh, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners no. 1 and 2 have antecedent of one case under the
Excise Act and petitioner no. 3 has antecedent of three cases
under the Excise Act and allegation is of recovery of 76.3 litres
of liquor from a rented room of Amar Rajput in the house of
Brij Bhushan Sharma.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.30007 of 2026(2) dt.06-05-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession nor the room from
where the liquor was recovered belongs to the petitioners. It is
further submitted that petitioners have no concern with Amar
Rajput and came to be implicated based on the secret
information which is the easiest way to implicate someone. It is
next submitted that once an accused is implicated in a case
relating to excise the police start implicating mechanically either
at the instance of the Chawkidar, local person, confessional
statement or secret information without holding a proper
investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on provisional anticipatory bail on furnishing bail bonds of
Rs.15,000/- (Rupees Fifteen Thousand) each 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 Patliputra P.S. Case No. 109 of 2026, subject to the
Patna High Court CR. MISC. No.30007 of 2026(2) dt.06-05-2026
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conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioner no. 1 and 2 have antecedent of
more than one case and petitioner no. 3 has antecedent of more
than three cases, it would be presumed that petitioners had
concealed their antecedent before this Court, at para 3 of the
anticipatory bail application, in that event, the provisional
anticipatory bail order shall not be confirmed, but, if it is found
on verification that petitioner no. 1 and 2 have antecedent of
only one case and petitioner no. 3 has antecedent of only three
cases, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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