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Patna High Court

Vikas Chaudhary @ Vikku Chaudhary @ Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Vikas Chaudhary, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 30(d) of the Bihar Excise Act for alleged recovery of 30 litres of liquor and 400 litres of mahua from the bank of the Sakri river. He contended that he was not arrested at the spot, no liquor was found in his possession, and the complaint originated from a hostile chowkidar, raising doubts about the propriety of the investigation. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent within six weeks. The Court further directed that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether the FIR, based on a hostile informant, is sufficient to justify denial of anticipatory bail.
  • Whether the petitioner’s antecedent of three prior excise cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • criminal antecedent
  • FIR
  • hostile informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45893 of 2026
                     Arising Out of PS. Case No.-344 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Vikas Chaudhary @ Vikku Chaudhary @ Vikash Kumar S/o Late Vinod
                 Chaudhary @ Vinod Chudhary @ Vinod Chudhary @ Vinod Chudhari R/o
                 Village- Govindpur Dih, P.S.- Govindpur, District- Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar
                 For the Opposite Party/s :      Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026               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 Sections 30(a) and

                   30(d) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 30 litres of liquor along with 400

                   litres of mahua from bank of Sakri river.

                             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
Patna High Court CR. MISC. No.45893 of 2026(2) dt.09-07-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          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.

          15,000/- (Rupees Fifteen 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

          Govindpur P.S. Case No. 344 of 2025, subject to the conditions
              Patna High Court CR. MISC. No.45893 of 2026(2) dt.09-07-2026
                                                          3/3




                        as laid down under Section 482(2) of the BNSS.

                                 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 three 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 three

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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