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Patna High Court

Madho ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of antecedents.

Summary

Madho Chaudhary applied for anticipatory bail after the police registered a case against him under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 25 litres of liquor from a mango orchard. The petitioner argued that he was not arrested at the spot, that the liquor was not in his possession, and that the investigation was mechanically initiated without proper inquiry. The State opposed the bail, citing the petitioner’s prior criminal record of five cases, three of which were under the Excise Act. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and comply with verification of his antecedents within six weeks. The order also required the petitioner to deposit Rs.5,000 with the Patna High Court Lawyers’ Association and stipulated that the bail would be confirmed only if his criminal antecedent does not exceed five cases.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
  • Whether the conditions imposed by the Court are lawful and sufficient for the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 438 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3524 of 2026
                       Arising Out of PS. Case No.-600 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Madho Chaudhary S/o Late Bulki Chaudhary Resident of Village- Kachalpur,
                 P.S.- Chandi, Dist.- Nalanda
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramji Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which three cases

                   are under the Excise Act and allegation is of recovery of 25

                   litres of liquor from a mango orchard.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the local
Patna High Court CR. MISC. No.3524 of 2026(2) dt.30-01-2026
                                            2/3




          person but then it is submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties

          of the like amount each to the satisfaction of the learned trial

          court where the case is pending/successor court in connection

          with Chandi P.S. Case No. 600 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than five cases,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.3524 of 2026(2) dt.30-01-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.5,000/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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