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Patna High Court

Ramu Chaudhary @ Raju ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioner's anticipatory bail application.

Summary

The petitioner, Ramu Chaudhary, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the seized illicit liquor was recovered from a bucket behind his house and not from his possession. The prosecution alleged that the petitioner was one of two accused in the recovery of nine litres of illicit liquor. The petitioner claimed innocence and highlighted that he had two prior criminal antecedents, both of which were pending on bail. The State’s Additional Public Prosecutor opposed bail, emphasizing the petitioner’s prior offences under the Excise Act. The High Court, noting the seriousness of the offence and the petitioner’s criminal history, declined to grant anticipatory bail, directing that if the petitioner surrenders within four weeks, the trial court should decide his bail application on merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of the case.
  • Whether the petitioner’s prior criminal antecedents under the Excise Act should preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • criminal antecedents
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36079 of 2026
                       Arising Out of PS. Case No.-239 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Ramu Chaudhary @ Raju Chaudhary Son of Late Jagadish Chaudhary
                 Resident of Village- Mahaddipur, P.S.- Doriganj, Dist.- Saran at Chapra

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                  ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. None appears on behalf of the petitioner, even after

                   repeated calls. However, learned A.P.P for the State is present.

                                3. The petitioner is apprehending arrest in connection

                   with Doriganj P.S. Case No. 239 of 2025 lodged on 29.06.2025,

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

                   Prohibition and Excise (Amendment) Act, 2022, pending in the

                   Court of Additional Sessions Judge cum Exclusive Special

                   Excise court no.3, Saran at Chapra.

                                4. As per the prosecution, FIR has been lodged against
Patna High Court CR. MISC. No.36079 of 2026(2) dt.01-06-2026
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          two named accused persons including the present petitioner.

          Total recovery of 9 litres of illicit liquor has been made, which

          is the subject matter of the present case.

                       5. It has been pleaded in the bail petition that the

          petitioner is innocent and has committed no offence and nothing

          has been recovered from the conscious possession of the

          petitioner and the alleged recovery has been made from a plastic

          bucket kept at the back of the petitioner’s house. It has been

          stated in para 3 of the bail application that the petitioner has two

          criminal antecedents and in both the cases, he is on bail.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the petitioner has two

          criminal antecedents and both the cases are registered under

          Excise Act and this aspect must be taken into consideration.

                       7. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner stands rejected.

                       8. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his

          surrender-cum-bail application on the same day, without being

          prejudice that the anticipatory bail of the petitioner has been
             Patna High Court CR. MISC. No.36079 of 2026(2) dt.01-06-2026
                                                         3/3




                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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