Patna High Court
Jugeshwar Chaudhary @ Jugeshwar ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bond, sureties, and verification of antecedent cases.
Summary
The petitioner, Jugeshwar Chaudhary, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act, where 50 litres of liquor and 7,000 litres of Mahua jawa were allegedly recovered from a public area near the Sone river. He argued that he was not arrested at the spot, no liquor was found in his possession, and the recovery occurred on public land, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail conditioned on a Rs.15,000 bond with two sureties and a deposit of Rs.5,000 with the Advocates’ Association, subject to verification of the petitioner’s criminal antecedents within six weeks. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the absence of possession and the public nature of the recovery site justify granting bail.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3058 of 2025
Arising Out of PS. Case No.-909 Year-2024 Thana- BIHTA District- Patna
======================================================
Jugeshwar Chaudhary @ Jugeshwar Chaudhari Son of Late Deepak
Chaudhary @ Deepa Chaudhary Resident of Village- Madahi @ Maudahi,
Police station- Bihta , District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shanker Pankaj
For the Opposite Party/s : Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 31-01-2026 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 the
petitioner has antecedent of three cases out of which two cases
are under the Excise Act as would manifest from supplementary
affidavit and allegation is of recovery of 50 litres of liquor from
an open space near bank of Sone river along with 7000 litres of
Mahua jawa which was destroyed at the spot and 16 breweries
were also destroyed.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.3058 of 2025(5) dt.31-01-2026
2/3
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution. It
is further 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. 15,000/- (Rupees
Fifteen 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 Bihta P.S. Case No.
909 of 2024, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.3058 of 2025(5) dt.31-01-2026
3/3
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
three 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 three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…