Patna High Court
Saheb ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Saheb Chaudhari, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 62.06 litres of liquor from a mango orchard he had leased. He asserted that he has a clean antecedent, was falsely implicated by a hostile informant, and that the liquor was not in his conscious possession nor was he the owner of the orchard. He applied for anticipatory bail, arguing that a prudent person would not use leased premises to commit the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500, two sureties of the same amount, and verification of the petitioner’s criminal antecedent by the trial court. If the trial court finds any prior case, the bail will not be confirmed; if the petitioner is found to have a clean antecedent, the bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s lease of the premises and lack of possession of the liquor affect the grant of anticipatory bail.
- Whether the condition of trial‑court verification of the petitioner’s antecedent is a valid condition for confirming anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor recovery
- lease premises
- false implication
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41760 of 2026
Arising Out of PS. Case No.-221 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Saheb Chaudhari S/O Jhunnu Chaudhari R/O Village - Shahi Tola Bhitaha,
P.S. Bairiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 62.06 litres of liquor from a mango orchard taken on
lease by the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is further submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not owner of the
mango orchard, rather had taken on lease. It is next submitted
Patna High Court CR. MISC. No.41760 of 2026(2) dt.30-06-2026
2/3
that no prudent person would use his own leased premises for
committing an occurrence and, thus, would create evidence
against himself and hence would get implicated. It is also
submitted that petitioner came to be implicated at the instance of
the Chawkidar with whom he is on an inimical term.
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 appearing on behalf of the petitioner, let 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.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 Nautan P.S. Case
No. 221 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.41760 of 2026(2) dt.30-06-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.