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Patna High Court

Baban Chaudhary @ Baban ChaudhariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Baban Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 30 litres of liquor from a motorcycle. He contended that he was not caught in possession, was not the owner of the vehicle, and that the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 15,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. If more than three prior excise cases are found, the bail will not be confirmed; if only three are found, the provisional bail will be confirmed. The petitioner was also directed to deposit Rs 5,000 with the Advocates’ Association, Patna High Court.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not in actual possession of the seized liquor.
  • Whether the petitioner’s prior criminal antecedent of three excise cases affects the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • Section 482(2)
  • provisional bail
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3261 of 2026
                          Arising Out of PS. Case No.-272 Year-2025 Thana- KOPA District- Saran
                 ======================================================
                 Baban Chaudhary @ Baban Chaudhari S/o Vishundeo Chaudhary @ Late
                 Vishundeo Chaudhary R/o Chatara Patela @ Chatra Patila, P.S.- Kopa, Distt-
                 Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Singh
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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

                   petitioner has antecedent of three cases under the excise act and

                   allegation is of recovery of 30                   liters of liquor from a

                   motorcycle.

                                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 the

                   owner of the seized motorcycle and he came to be implicated at
Patna High Court CR. MISC. No.3261 of 2026(2) dt.28-01-2026
                                            2/3




          the instance of local person, 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

          also 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 Kopa P.S.

          Case No. 272 of 2025 subject to the conditions as laid down

          under Section 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
            Patna High Court CR. MISC. No.3261 of 2026(2) dt.28-01-2026
                                                        3/3




                      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

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5000/- with Advocates’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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