Patna High Court
Sanjeev Chaudhary @ Ssanjeev Kumar @ Sanjeev Kumar @ Sanjeev ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions and a bail bond.
Summary
The petitioner, Sanjeev Chaudhary, sought anticipatory bail fearing arrest in a case (PS No.27 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for possession of 30 litres of illicit country-made liquor recovered from a ditch near his residence. The petitioner argued that the liquor was not in his constructive possession and that the recovery site was a public ditch, making the implication baseless, while the State contended he was a habitual offender with a prior similar antecedent. The court examined the nature of the recovery, the lack of direct possession, and the petitioner’s criminal record. Considering these factors, the court granted anticipatory bail, imposing a bond of Rs.10,000 with two sureties and several conditions, including regular court appearances and non‑interference with witnesses. The order was subject to compliance with Section 482(2) of the BNSS and the stipulated bail conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the recovery of liquor from a public ditch establishes constructive possession by the petitioner.
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- constructive possession
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33797 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Sanjeev Chaudhary @ Ssanjeev Kumar @ Sanjeev Kumar @ Sanjeev
Chaudhary S/O Arun Chaudhary R/O Vill.- Hardiya, P.S.- Mufassil, Dist.-
Begusarai.
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Mufassil PS Case No. 27 of 2026 registered on 17.04.2022
for the offence punishable under Sections 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. As per prosecution case, 30 litres of illegal country-
made liquor were recovered from a ditch which is allegedly
situated adjacent to the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case only on the
basis of the statement made by the Choukidar. It is further
submitted that the recovery has been made from a ditch, which
is nearer to the house of the accused person, i.e., petitioner
while the he is in no way connected to the seized liquor. It is the
Patna High Court CR. MISC. No.33797 of 2026(2) dt.20-05-2026
2/3
case of the petitioner that the place of recovery is also not
connected with this petitioner rather it is a ditch which is easily
accessible to all. Learned counsel lastly submitted that there is
only one criminal antecedent, in which he is on bail.
5. On the other hand, the learned APP for the State
has opposed the prayer for anticipatory bail of the petitioner
submitting that the petitioner seems to be a habitual offender as
he has got one antecedent of similar nature.
6. Considering the submission of the parties and the
fact that the alleged recovery has not been made from the
constructive possession of the petitioner rather it has been
recovered from a ditch which is accessible to all, let the above
named petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Judge-1, Begusarai in connection with aforesaid PS Case,
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:
(i) One of the bailors should be the
family member/relative/known of the
petitioner(s) who shall provide official
Patna High Court CR. MISC. No.33797 of 2026(2) dt.20-05-2026
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document/ personal affidavit to show his/her
bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of their bail
bonds.
(Ajit Kumar, J)
shikha/Rajan/-
U T
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