Patna High Court
Shivnath ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court held that the petitioner is entitled to anticipatory bail despite his antecedents, as the evidence does not directly link him to the seized liquor and the location is a public place.
Summary
Shivnath Chaudhari sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly storing 60 litres of illegal country-made liquor near a cremation ground. The prosecution’s case relied on an informant’s report and the identification of Chaudhari by a local chaukidar, though no liquor was recovered from his possession and he claimed he was not present at the site. Chaudhari argued that his name was linked to the case only because of prior similar offences and that the cremation ground is a public place accessed by many. The State opposed bail, citing three criminal antecedents, two of which are of a similar nature, and feared a repeat of the offence. The High Court, after considering the lack of direct recovery and the public nature of the location, granted bail with a bond of Rs.10,000 and two sureties, subject to verification of his antecedents under Section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner given the alleged involvement in illegal liquor possession and his prior criminal antecedents?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- identification by chaukidar
- public place
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35476 of 2026
Arising Out of PS. Case No.-184 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Shivnath Chaudhari Son of Late Ratan @ Ratn Chaudhari Resident of village
- Siswa Sareya, P.S.- Bairiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the State : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the state.
2. The petitioner apprehends his arrest in connection
with Bairiya P. S. Case No. 184 of 2026 registered for the
offences punishable under Section 30(a) of Bihar Prohibition
and 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 15.04.2026 at about 14:30 hrs, he proceeded
for raid against illegal liquor. He got an information at about
17:10 hrs that one Shivnath Chaudhari ( the petitioner herein)
and other persons namely Dhenuk Chaudhari and Videshi
Chaudhari have kept illegal liquor in a bush near cremation
ground for the purposes of selling the same. To verify the
Patna High Court CR. MISC. No.35476 of 2026(2) dt.21-05-2026
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authenticity of the said information and after giving information
to the senior officials, the informant proceeded for the place of
occurrence and on seeing the informant, the petitioner and
others started fleeing away from there. It is alleged that all the
persons, including the petitioner succeeded in fleeing away and
on search, total 60 liters of country made illegal liquor was
recovered from three different plastic bags, for which a seizure
list was accordingly prepared.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence. He
was not even present at the place of occurrence and his name
has transpired in the present case only on the basis of his
previous antecedent in similar nature of cases. He further
submits that nothing has been recovered from the possession of
the petitioner and the place from where the recovery has been
made is a cremation place which is accessible to all. The name
of the petitioner has been taken by the local chaukidar, who is
inimical to the petitioner. He further submits that the petitioner
has got three criminal antecedents out of which two are of
similar nature.
5. The learned APP for the State opposes the prayer
for bail of the petitioner and submits that the petitioner has got
Patna High Court CR. MISC. No.35476 of 2026(2) dt.21-05-2026
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three antecedents, out of which two are of similar nature and if
the petitioner will be granted the privilege of anticipatory bail,
he will again indulge in the same.
6. Having considered the rival submissions and after
going through the records, it appears that 60 liters of illegal
country made liquor was recovered from a cremation place, kept
in three plastic bags, however, no one was apprehended at the
place of occurrence. On the basis of the identification of the
local chaukidar, the name of the petitioner and others transpired.
No recovery was made from the petitioner and the place from
where the alleged liquor has been recovered is a cremation
ground, where many people come. The petitioner has got three
antecedents.
7. Considering the above, let the petitioner, above
named, in the event of his arrest or surrender within a period of
six weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge, Excise
Court- I, Bettiah, West Champaran in connection with the
Bairiya P.S. Case No.184 of 2026, subject of the conditions as
laid down under Section 482(2) of BNSS, with a further
condition that:
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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
antecedent, 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)
priyanka/-
U T
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