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Patna High Court

Anup Chaudhary @ Anup Lal ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Anup Chaudhary, sought anticipatory bail fearing arrest in a case (C.2A P.S. No. 67 of 2021) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 12 litres of country‑made liquor seized from a temporary hut. He contended that the hut did not belong to him, that it was an open area and that the search and seizure were not conducted in accordance with Section 105 of the Bharitya Nagrik Suraksha Sanhita (BNSS), and he has no prior criminal record. The State opposed the bail. The Court examined the allegations, the procedural lapse alleged, and the petitioner’s clean record, and ordered that anticipatory bail be granted if he surrenders within six weeks, subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending case under the Bihar Prohibition and Excise Act.
  • Whether the search and seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • search and seizure
  • Bihar Prohibition and Excise Act
  • Bharitya Nagrik Suraksha Sanhita
  • Section 30
  • Section 105
  • Section 482
  • liquor possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34734 of 2026
                   Arising Out of PS. Case No.-67 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Vaishali
                 ======================================================
                 Anup Chaudhary @ Anup Lal Chaudhary S/o Late Ram Swaroop Chaudhary
                 R/o village - Tisiauta, ward No - 12, Dharampur, P.S - Tisiauta, District -
                 Vaishali
                                                                         ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.    the state of Bihar Patna Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Adv
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   20-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The Petitioner is apprehending his arrest in

                   connection with C.2A P.S. Case No. 67 of 2021 registered for

                   the offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the prosecution case, 12 liters of country

                   made liquor was recovered from the temporary hut of the

                   petitioner.

                                 4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It has further been submitted that the hut in question

                   does not belong to the petitioner. As per the allegation itself, the
               Patna High Court CR. MISC. No.34734 of 2026(2) dt.20-05-2026
                                                           2/2




                         place of seizure was a temporary hut, and hence, it has been

                         submitted that it is an open area accessible to all. It has further

                         been submitted that the procedure relating to search and seizure,

                         as prescribed under Section 105 of the BNSS, has not been

                         followed. Lastly, it has been submitted that the petitioner has got

                         no criminal antecedent.

                                      5. Learned A.P.P. for the State has vehemently

                         opposed the prayer for anticipatory bail of the petitioner.

                                      6. Considering the aforesaid facts and circumstances

                         of the case as well as the nature of allegation against the

                         petitioner, let the above named petitioner, in the event of his

                         arrest/surrender within a period of six weeks from today, be

                         enlarged on anticipatory bail 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 court concerned,

                         in connection with C.2A P.S. Case No. 67 of 2021, subject to the

                         conditions as laid down under Section 482(2) of the Bharitya

                         Nagrik Suraksha Sanhita (B.N.S.S.)

                                      7. This application stands allowed.



niku/aarti/-                                        (Praveen Kumar, J)

U       T


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