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Patna High Court

Janki ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Janki Chaudhary, was implicated in an excise case for alleged recovery of 15 litres of liquor from his motorcycle, though the liquor was seized from another individual and not found in his possession. He asserted a clean criminal record and claimed he was unaware that the vehicle would be misused. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The petitioner was also directed to deposit a further amount with the Advocates’ Association.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the excise case under Sections 30(a) and 32(3) of the Bihar Excise Act.
  • Whether the ownership of the vehicle, absent possession of the contraband, suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • clean antecedent
  • Section 30
  • Section 32
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5063 of 2026
                    Arising Out of PS. Case No.-1260 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Janki Chaudhary S/O Raghunandan Chaudhary R/O Vill.- Belma/Belwan,
                 P.S.- Madanpur, Dist.- Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 15 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.5063 of 2026(2) dt.02-02-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Birendra would misuse the vehicle in the manner as alleged

          who was apprehended from the spot.

                       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.

          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 Excise

          P.S. Case No. 1260 of 2025 subject to the conditions 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 even

          one case 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
            Patna High Court CR. MISC. No.5063 of 2026(2) dt.02-02-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

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

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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