Patna High Court
Bharat Chauhan @ Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding insufficient grounds for denial.
Summary
The petitioner, Bharat Chauhan, was implicated in a case (PS Case No. 17 of 2025) involving the seizure of 21.75 litres of foreign liquor under Section 30(a) of the Bihar Prohibition & Excise Act. The police recovered the liquor from an open area in a forest, and the petitioner was not present at the scene; his name appeared only on the basis of suspicion. The petitioner sought anticipatory bail, claiming innocence and lack of involvement, while the State argued he was a habitual offender with two similar prior convictions. The court examined the facts, noting the absence of the petitioner at the location and the open nature of the seizure, and concluded that the suspicion alone did not justify denial of bail. Consequently, the court granted bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., including verification of his criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite alleged habitual offending
- Whether the petitioner’s alleged involvement based solely on suspicion justifies denial of bail
- Whether the seizure of liquor from an open place implicates the petitioner
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail
- habitual offender
- liquor seizure
- Bihar Prohibition & Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34075 of 2026
Arising Out of PS. Case No.-17 Year-2025 Thana- NTPC KHAIRA District- Aurangabad
======================================================
Bharat Chauhan @ Bharat Kumar Son of Kalaktar Chauhan @ Kalktr
Chauhan Resident of Village- Mahuari, P.S.- Navi Nagar, District-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in conneciton
with N.T.P.C. Khaira P.S. Case No. 17 of 2025 registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 13.03.2025, he along with police party was on
patrolling duty and during course of the same, he received a
secret information that two persons have hidden some liquor in
a bag in the bush under the Neem tree in the forest. Upon
receiving such information, the informant along with police
Patna High Court CR. MISC. No.34075 of 2026(2) dt.18-05-2026
2/3
party reached there and saw that two persons are there. Upon
seeing the police party they started fleeing and managed to
escape. Upon search, 21.75 litres of foreign liquor was
recovered and seizure list was prepared.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has got no concern with the seized
liquor. The name of the petitioner has come in this case only on
the basis of suspicion. The petitioner was not even present at the
place of occurrence, therefore, there is no question of any
recovery from possession of the petitioner. The recovery has
been made from an open place which is accessible to one and
all. The petitioner has to two criminal antecedents of similar
nature.
5. The learned A.P.P. for the State opposes the prayer
for bail and submits that the petitioner is habitual offender and
he has got two criminal antecedents of similar nature, therefore,
he does not deserve the privilege of anticipatory bail.
6. Heard the learned counsel for the parties and after
going through the records, it appears that total 21.75 litres of
foreign liquor was recovered from an open place and petitioner
was not present at the place of occurrence. His name transpired
during course of investigation. Considering the same, let the
Patna High Court CR. MISC. No.34075 of 2026(2) dt.18-05-2026
3/3
petitioner, above named, in the event of arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge Excise-2, Aurangabad in connection with N.T.P.C Khaira
P.S. Case No. 17 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
vinita/-
U T
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