Patna High Court
Munna ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with bond and sureties, subject to verification of the petitioner’s antecedent cases.
Summary
Munna Chaudhary sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, involving alleged recovery of 17 litres of liquor near the Sone River. He argued that he was not caught in possession, the liquor was not on his property, and that the police had mechanically implicated him based on a watchman's report. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. It directed that if the verification shows more than two prior cases, the bail would not be confirmed; if only two, the bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. are applicable.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33363 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- NASRIGANJ District- Rohtas
======================================================
Munna Chaudhary S/O Shankar Chaudhary R/O Village- Amiyawar, PS-
Nasriganj, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 17 litres of liquor from a place near
the bank of Sone River.
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
and is accessible to villagers at large and he came to be
implicated at the instance of the Chawkidar but then it is
Patna High Court CR. MISC. No.33363 of 2026(3) dt.25-06-2026
2/3
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten 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 Nasriganj P.S.
Case No. 73 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, 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 two
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.33363 of 2026(3) dt.25-06-2026
3/3
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 two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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