Patna High Court
Anil Kumar Chauhan @ Anil Chauhan @ Anil Chouhan @ Anil Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
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
2/3
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
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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/-
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