Patna High Court
Dhanoj ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated bond and sureties.
Summary
The petitioner, Dhanoj Choudhary, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly transporting 8 litres of liquor in his motorcycle, which was seized when his son Lav was apprehended at the spot. The petitioner asserted that he had a clean antecedent, was not in possession of the liquor, and was unaware of his son's alleged misuse of the vehicle. He applied for anticipatory bail, arguing that ownership of the vehicle alone should not create criminal liability. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a modest bail bond and two sureties, and directed verification of the petitioner’s antecedent before confirming the bail, with the provision that any undisclosed prior case would lead to denial of confirmation.
Issues considered
- Whether anticipatory bail can be granted to the owner of a vehicle from which liquor was recovered, under Section 30(a) of the Bihar Excise Act.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC (referred to as BNSS) to grant provisional anticipatory bail pending verification of antecedents.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- vehicle ownership
- clean antecedent
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39954 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- ARA NAGAR District- Bhojpur
======================================================
Dhanoj Choudhary Son of Jaglal Choudhary Resident of Village- Chhotki
Sanadia, P.O.- Ratanpur, P.S.- Ara Muffasil, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.39954 of 2026(2) dt.23-06-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his son, Lav, would misuse the vehicle in the manner as alleged
who was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) 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 Ara Town
P.S. Case No. 57 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.39954 of 2026(2) dt.23-06-2026
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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