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Patna High Court

Shiv Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s criminal antecedent and compliance with the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

Shiv Kumar Choudhary applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 210 litres of liquor from the bank of the Tilawe River. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred in a public area, casting doubt on the prosecution's case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail may be withdrawn; if only one prior case, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of arrest at the spot and lack of possession of the alleged liquor negate the basis for denial of bail.
  • Whether the petitioner’s criminal antecedent, if more than one prior case, should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Section 30
  • provisional bail
  • criminal antecedent
  • Cr.P.C. 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33396 of 2026
                         Arising Out of PS. Case No.-396 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
                 Shiv Kumar Choudhary S/o Manish Choudhary R/o vill - Sakhua (Ward No.
                 7), P.S. - Pipra, Distt.- Supaul
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar Jha, Advocate
                 For the Opposite Party/s :        Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  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, 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 210 litres of liquor from the bank of

                   Tilawe 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. It is next submitted that

                   petitioner came to be implicated at the instance of the local
Patna High Court CR. MISC. No.33396 of 2026(2) dt.15-05-2026
                                            2/3




          person but then it is submitted that if the local person was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to the institution of the instant

          FIR which casts an aspersion on the case of the prosecution.

                       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.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 S.T. Excise No.

          1204 of 2025 arising out of Pipra P.S. Case No. 396 of 2025,

          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 one

          case, 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.33396 of 2026(2) dt.15-05-2026
                                                       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 one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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