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Patna High Court

Jitendra Chaudhari @ NatwaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail application was dismissed.

Summary

The petitioner, Jitendra Chaudhari, applied for anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act concerning the alleged recovery of 465.445 litres of illicit country-made liquor. The petitioner claimed innocence, asserting that no liquor was found in his possession and that he had been falsely implicated. The State opposed the bail, highlighting that the petitioner’s name appeared in a self‑inculpatory statement of a co‑accused and that he has two prior criminal antecedents. The High Court, after considering these factors, was not inclined to grant anticipatory bail. Consequently, the application was dismissed, with the court directing the petitioner to surrender and seek regular bail before the lower court, without prejudice to the merits of the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, Section 30(a).
  • Whether the presence of the petitioner’s name in a co‑accused’s self‑inculpatory statement and his prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • self‑inculpatory statement
  • illicit liquor
  • excise law
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31472 of 2026
                        Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Jitendra Chaudhari @ Natwa S/o Mahendra Chaudhary R/o vill - Lal
                 Bunglow Triloki Nagar, P.S.- Dalmiya Nagar, Distt.- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Dhaneshwar Prasad Gupta, Advocate
                 For the State             :        Mr.Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   14-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection

                   with Sasaram Excise P.S. Case No. 81 of 2026 instituted under

                   Section       30(a)     of     the    Bihar      Prohibition        and      Excise

                   (Amendment) Act.

                                3. As per the prosecution case, the recovery is of

                   465.445 litres of illicit country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing has been recovered from the conscious

                   possession of the petitioner.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.31472 of 2026(2) dt.14-05-2026
                                                       2/2




                                  6. The name of the petitioner has come in the self

                     inculpatory statement of co-accused. The petitioner has two

                     criminal antecedents also.

                                  7. Considering the aforesaid as well as the criminal

                     antecedents of the petitioner, I am not inclined to grant

                     anticipatory bail to the petitioner.

                                  8. Accordingly, the application stands dismissed.

                                  9. The petitioner may surrender before the Court

                     below and pray for regular bail. If the petitioner surrenders and

                     prays for regular bail, the same shall be considered by the Court

                     below in accordance with law without being prejudiced by the

                     present order.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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