Created by Fuzzy Cloud

Patna High Court

Krishnakant Chaudhary @ Krishna Kant ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.