Patna High Court
Vijay Chaudhary @ Vijay ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to strict conditions and verification of their criminal antecedents.
Summary
The petitioners, Vijay Chaudhary and Deepak Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 45 litres of liquor from a location not belonging to them. They argued that no liquor was found in their possession and that the investigation relied on secret information without proper inquiry, despite their prior excise cases (two for Vijay and one for Deepak). The State opposed their request for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties, a deposit of Rs.3,000 to the Advocates’ Association, and verification of their criminal antecedents. The order stipulated that if the petitioners have more prior cases than disclosed, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The court thus provided a conditional safeguard against arrest while the trial proceeds.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the presence of prior excise cases affects the grant of anticipatory bail.
- Whether the conditions imposed by the court are lawful and sufficient to protect the interests of justice.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5148 of 2026
Arising Out of PS. Case No.-1095 Year-2025 Thana- SIKARPUR District- West Champaran
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1. Vijay Chaudhary @ Vijay Chaudhari S/o Late Shankar Chaudhary @
Shankar Chaudhari R/o Village - Prakash Nagar, Ward No. 12, P.S -
Shikarpur, District - West Champaran
2. Deepak Kumar @ Dipak Kumar S/o Munnilal Chaudhary R/o Village -
Lakar, P.S - Lauriya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of two cases under the Excise Act
and petitioner no.2 has antecedent of one case under the Excise
Act and allegation is of recovery of 45 litres of liquor from a
bag kept in front of Ram Babu’s house. It is next submitted that
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.5148 of 2026(2) dt.02-02-2026
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recovery is from a place which does not belong to the
petitioners but then is accessible to villagers at large and they
have no relation or concern with Ram Babu and they came to be
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 police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) each 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
Shikarpur P.S. Case No.1095/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
Patna High Court CR. MISC. No.5148 of 2026(2) dt.02-02-2026
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thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than two cases and petitioner no.2 has antecedent of
more than one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that petitioner
no.1 has antecedent of two cases and petitioner no.2 has
antecedent of one case, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioners,
based on instruction, undertakes to deposit an amount of
Rs.3000/- with Advocates’ Association, Patna High Court within
a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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