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Patna High Court

Chandan ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Chandan Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a)(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor and Jawa Mahua from a riverbank. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged site was public, not his property. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, conditioning it on a Rs.5,000 bail bond with two sureties and a verification of the petitioner’s criminal antecedent within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed, and the petitioner also agreed to deposit Rs.2,500 with the Lawyers’ Association.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in the context of alleged excise offences.
  • Whether the absence of possession and the public nature of the alleged site justify granting bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3321 of 2026
                    Arising Out of PS. Case No.-1058 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Chandan Chaudhary S/O Falo Chaudhary R/O Village - Bhadeji, P.S.-
                 Muffasil, District -Gaya ji.
                                                                    ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a)(b)(c)

                   of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 100 litres of liquor from a place near

                   the bank of a river along with 2000 litres of Jawa Mahua which

                   was destroyed at the spot.

                                4. Learned counsel for the petitioner submits that

                   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

                   but then is accessible to villagers at large. It is further submitted
Patna High Court CR. MISC. No.3321 of 2026(2) dt.28-01-2026
                                            2/3




          that petitioner came to be implicated at the instance of the

          Chawkidar but then it is submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, let 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.5,000/- (Rupees Five 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 Gaya Ji

          Mufassil P.S. Case No. 1058 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than one case,
           Patna High Court CR. MISC. No.3321 of 2026(2) dt.28-01-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Lawyers’ Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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