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Patna High Court

Arjun Chaudhary @ Arun ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedents.

Summary

Arjun Chaudhary applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where three litres of liquor were recovered from his joint family house. He argued that the liquor was not in his conscious possession, the house is a joint family property, and the investigation was based merely on secret information without proper inquiry. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000, two sureties of equal amount, and compliance with conditions under Section 482(2) of the B.N.S.S., including verification of his criminal antecedents. The order further directed the petitioner to deposit Rs.2,500 with the High Court Legal Services Committee within two weeks. The bail will be confirmed only if verification shows he has at most one prior case; otherwise, it will be withdrawn.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of conscious possession and the joint family nature of the property negate the basis for arrest.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • joint family property
  • bail bond
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4844 of 2026
                         Arising Out of PS. Case No.-146 Year-2025 Thana- CHERKI District- Gaya
                 ======================================================
                 Arjun Chaudhary @ Arun Chaudhary Son of Rambhajan Chaudhary @
                 Bhajan chaudhary Resident of Village- Dirawan, P.S.- Cherki, District- Gaya,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 3 litres of liquor from 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 the house in question is a joint family

                   property, as such, it cannot be alleged with certainty that it was

                   petitioner who had kept the liquor in the house or the liquor kept

                   in the house was within his knowledge and he came to be
Patna High Court CR. MISC. No.4844 of 2026(2) dt.02-02-2026
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          implicated based on secret information, which is the easiest way

          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the plice starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Court No.1, Gaya Jee in connection with Cherki

          P.S. Case No.146 of 2025, subject to the conditions laid down

          under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.4844 of 2026(2) dt.02-02-2026
                                                           3/3




                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.2500/- with High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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