Patna High Court
Anil ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Anil Chauhan, sought anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that only 5 litres of liquor were recovered from a location adjacent to his house and not from his possession. He argued he has a clean antecedent and that the investigation was inadequate. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail for six weeks, subject to a bail bond of Rs.500 with two sureties and verification of the petitioner's antecedents by the trial court. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The decision reflects the Court's discretion under its inherent powers to prevent unwarranted arrest while ensuring verification of criminal history.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the circumstances of alleged recovery of liquor justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44492 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- ARIYARI District- Sheikhpura
======================================================
Anil Chauhan S/O Late Radhe Chauhan Resident of vill-Pharpur, PS- Ariyari,
Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam
For the Opposite Party/s : Mr. Braj Kishore Pd.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from a place near the gate of the
house of the petitioner. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner but then is adjacent to his
house and he came to be implicated based on secret information
which is the easiest way to implicate someone, without holding a
proper investigation, when petitioner admittedly is a person with
clean antecedent.
Patna High Court CR. MISC. No.44492 of 2026(2) dt.08-07-2026
2/2
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Ariyari P.S.
Case No.59/2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one case,
in that event, it would be presumed that petitioner had concealed
his antecedent before this court, as such, the provisional
anticipatory bail order shall not be confirmed but if on verification
it is found that petitioner is a person with clean antecedent, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
amit/-
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