Patna High Court
Sikandar ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sikandar Chaudhari, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 40 litres of liquor from a public place. He argued that the liquor was not in his conscious possession, the location did not belong to him, and the complaint was filed by a hostile chowkidar, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed after verification. The decision was based on the court’s discretion under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was not in the accused’s conscious possession.
- Whether the petitioner’s prior criminal antecedent of two cases disqualifies him from obtaining anticipatory bail.
- Whether the complaint filed by a hostile chowkidar undermines the prosecution’s case for granting bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- criminal antecedent
- public place possession
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43297 of 2026
Arising Out of PS. Case No.-273 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Sikandar Chaudhari S/O Sadri Chaudhari Resident of village- Siswa Sareya,
Ward No. 10, P.S.- Bairiya, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niraj Kumar Sharma
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 the
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 40 litres of
liquor from a sack at Ward No. 10.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.43297 of 2026(2) dt.02-07-2026
2/3
at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
the involvement of the petitioner in the occurrence, then why he
did not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
10,000/- (Rupees Ten 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 Bairiya
P.S. Case No. 273 of 2026, subject to the conditions as laid
down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.43297 of 2026(2) dt.02-07-2026
3/3
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 more
than two cases 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 has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.