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Patna High Court

Anil ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-
U      T


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