Patna High Court
Krishnakant Chaudhary @ Krishna Kant ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s prior similar criminal antecedents warranted refusal of the relief.
Summary
The petitioner, Krishnakant Chaudhary, sought anticipatory bail in a case (PS No. 237 of 2026) where 85.590 liters of illicit country-made liquor were recovered from a public water tank. The prosecution alleged that the petitioner was involved in offences under Section 30(a) of the Bihar Prohibition and Excise Act, though no incriminating material was found in his possession. The petitioner argued that the recovery was from an open place and that he was only a suspect, not directly linked to the contraband. The State opposed bail, highlighting three prior similar criminal antecedents against the petitioner. The court, considering these prior convictions, refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43098 of 2026
Arising Out of PS. Case No.-237 Year-2026 Thana- BAHERA District- Darbhanga
======================================================
Krishnakant Chaudhary @ Krishna Kant Chaudhary S/o Late-Kushe
Choudhary Resident of Village- Makrampur, Ward No. 13, Post- Ramauli,
P.S.- Bahera, District- Darbhanga, Pin- 847201, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Jha, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Bahera P. S. Case
No. 237 of 2026 registered for the offences punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 85.590 liters of country
made liquor was recovered near water tank.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. He has been made accused in this
case only on suspicion. Recovery has been made from an open
place accessible to one and all.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that the petitioner has got three criminal
Patna High Court CR. MISC. No.43098 of 2026(2) dt.01-07-2026
2/2
antecedents of similar nature.
6. Considering the criminal antecedents of similar
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.