Patna High Court
Anup Chaudhary @ Anup Lal ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita (BNSS) — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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)
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