Patna High Court
Jitendra Chaudhari @ NatwaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
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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