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Patna High Court

Anil Kumar Chauhan @ Anil Chauhan @ Anil Chouhan @ Anil Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of criminal antecedents.

Summary

The petitioner, Anil Kumar Chauhan, sought anticipatory bail after being implicated in a case under the Bihar Prohibition and Excise Act for alleged recovery of 36.395 litres of liquor from his motorcycle and e‑rickshaw. He argued that he was not in possession of the liquor at the time of seizure and was unaware that a person named Farookh would misuse his vehicle. The State opposed the bail, contending that the petitioner was involved in the offence. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise Act.
  • Whether ownership of the vehicle used in the alleged offence makes the owner liable.
  • Whether the petitioner’s prior criminal antecedents affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37347 of 2026
                     Arising Out of PS. Case No.-424 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Anil Kumar Chauhan @ Anil Chauhan @ Anil Chouhan @ Anil Kumar
                 Chaudhary Son of Balu Nuniya Resident of Village -Dumaria ward no 30 PS
                 -Kishanganj, Dist- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mritunjay Kumar
                 For the Opposite Party/s :         Mr. Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  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) and

                   32(3) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 36.395 litres of liquor from a

                   motorcycle and e-rickshaw. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and he came to be implicated

                   based on the fact that he is owner of the seized motorcycle. It is

                   next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.37347 of 2026(2) dt.16-06-2026
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          vehicle for committing an occurrence and thus would create

          evidence against himself and hence would get implicated. It is

          also submitted that the petitioner was completely unaware that

          Farookh would misuse his vehicle in the manner as alleged who

          was also apprehended from the spot.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees 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 Excise P.S. Case No.424/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.37347 of 2026(2) dt.16-06-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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