Patna High Court
Mahesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that, in the absence of any material linking the petitioner to the seized articles or the place of recovery, anticipatory bail must be granted.
Summary
Mahesh Chaudhary applied for anticipatory bail fearing arrest in a case (G.O. Case No. 539 of 2025) under Sections 47(a) and (f) of the Bihar Prohibition and Excise Act, where 20 litres of illicit wine and 200 kg of mahua were seized. The prosecution alleged his involvement, while the petitioner contended he had no connection to the seized goods or the place of recovery and was implicated solely on the basis of his antecedent. The learned Additional Public Prosecutor opposed the bail. The Court examined the facts and found no link between the petitioner and the contraband, and therefore exercised its power under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, appearance before the trial court, non‑tampering with witnesses, and refraining from further offences. The order directed that the bail be effected within thirty days of receipt of the order.
Issues considered
- Whether the petitioner is sufficiently connected to the seized illicit wine and mahua to deny anticipatory bail.
- Whether the court should exercise its power under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 47(a), 47(f)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- illicit liquor
- constructive possession
- Bihar
- Section 438 CrPC
- Section 482 Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33970 of 2026
Arising Out of PS. Case No.-539 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Mahesh Chaudhary S/o - Chando Chaudhary R/o vill - Fulwaria, P.S.- Rajauli,
Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Adv.
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with G.O. Case No. 539 of 2025 registered under
Sections 47(a) and (f) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, altogether 20 liters of
illicit wine along with 200 kg of mahua has been recovered
which has been kept in a plastic bag.
4. Learned counsel for the petitioner submits that
petitioner is innocent, has committed no offence and has falsely
been implicated in the present case. It is submitted that the
Patna High Court CR. MISC. No.33970 of 2026(2) dt.21-05-2026
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petitioner has no concern either with the seized article or with
the place of recovery. Petitioner has been implicated in this case
merely on the basis of his antecedent. It is the case of the
petitioner that there is no source of identification or any
disclosure made by any person save and except the secret
information. Nothing incriminating is said to have recovered
from the constructive possession of this petitioner.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and that neither the place of recovery nor the seized article is
connected to this petitioner, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court-I,
Nawada in connection with G.O. Case No. 539 of 2015, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Patna High Court CR. MISC. No.33970 of 2026(2) dt.21-05-2026
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Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official 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)
Abhishek/-
U T
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