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Patna High Court

Chandrauday SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

The petitioner, Chandrauday Singh, applied for anticipatory bail in connection with an excise case involving 88.20 litres of illicit foreign liquor, alleged under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence despite having three prior criminal antecedents, and argued that he was not arrested at the scene and his name was added later. The State opposed the bail, contending the seriousness of the offence. The Court noted the lack of immediate arrest and the subsequent inclusion of the petitioner’s name, and therefore granted anticipatory bail subject to a cash bond, sureties, a deposit to a charitable institution, and regular police attendance. The bail order was conditioned on compliance with Section 438(2) of the CrPC and Section 482 of the BNSS, and any default would lead to cancellation of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the Bihar Prohibition and Excise Act
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37126 of 2026
                        Arising Out of PS. Case No.-92 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Chandrauday Singh Son of Late Haridawar Singh Resident of Village-
                 Nayaka Baraka Baiju Toal, P.S.- Rvilgfanj, District- Saran at Chapra

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :         Mr.Jharkhandi Upadhyaya, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Sadar Excise P.S. Case No. 92 of 2026

                   registered for the offence under Sections 30(a), 41(1), (2) of the

                   Bihar Prohibition and Excise Act.

                                   3. As per the prosecution case, the recovery is of

                   total 88.20 litres of illicit foreign liquor from three plastic bags.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. Petitioner has three criminal

                   antecedents.

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

                   for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.37126 of 2026(2) dt.15-06-2026
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                          6. Considering the fact that the petitioner was not

          arrested on the spot and that his name has come subsequently in

          the case, this application is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned 3 rd Exclusive

          Special Excise Judge, Saran at Chapra/ concerned Court below

          in connection with Sadar Excise P.S. Case No. 92 of 2026,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit

          House, Chapra and produce the receipt of the same before the

          Court below. The bail bonds of the petitioner shall be accepted

          after verifying the genuineness of the receipt produced by the

          petitioner.

                        9. As a condition of this order, the petitioner after

          being released on bail, is directed to mark his attendance at

          Rivilganj Police Station, District- Saran at Chapra on first and
              Patna High Court CR. MISC. No.37126 of 2026(2) dt.15-06-2026
                                                          3/3




                        third Sunday of every month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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