Patna High Court
Raja Chaudhary @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and verification of his criminal antecedent.
Summary
Petitioner Raja Chaudhary applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 50 litres of country-made liquor was recovered from his joint family house. The petitioner claimed innocence, a clean criminal record, and that no liquor was found in his personal possession. The State opposed bail, arguing the seriousness of the offence. The High Court, after hearing both sides, granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 and comply with verification of his criminal antecedent, with the provision that bail may be cancelled if concealment is discovered. The order directed that the bail bond be accepted without delay pending verification.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present liquor offence case.
- Whether the absence of liquor in the petitioner's personal possession justifies granting bail.
- Whether the petitioner’s clean criminal antecedent and willingness to comply with conditions warrant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32659 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- MADHUBAN District- East Champaran
======================================================
Raja Chaudhary @ Raja Kumar S/o Shree Ram Chaudhary Resident of
Village- Gandhi Chowk Gadaha, P.S.- Madhuban, District- East Champaran,
Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner, who apprehends his
arrest in connection with Madhuban P.S. Case No. 100 of 2026,
lodged on 27.02.2026, under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner.
Total recovery of 50 litres of country made liquor has been
made which is the subject matter of the present case.
Patna High Court CR. MISC. No.32659 of 2026(2) dt.13-05-2026
2/3
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that the recovery of alleged country made liquor
has been made from the joint old family house of petitioner. He
submits that nothing has been recovered from the conscious
possession of the petitioner. Counsel submits that the criminal
antecedent of the petitioner is clean. Counsel further submits
that petitioner is ready to fulfill all the conditions whatsoever
shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that from the record, it
transpires that neither recovery of alleged country made liquor
has been made from the petitioner’s possession nor he was
apprehended from the place of occurrence.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Court-III, East
Champaran, Motihari, in connection with Madhuban P.S. Case
Patna High Court CR. MISC. No.32659 of 2026(2) dt.13-05-2026
3/3
No. 100 of 2026, subject to the conditions as laid down U/s
482(2) of the BNSS, 2023.
7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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