Patna High Court
Vikas Chaudhary @ Vikku Chaudhary @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 30(d)
- BNSS — s. 482(2)
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
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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
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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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