Trivuwan Chaudhary @ Tiraguna ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5461 of 2026
                       Arising Out of PS. Case No.-182 Year-2025 Thana- RASULPUR District- Saran
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                 Trivuwan Chaudhary @ Tiraguna Chaudhary S/o Late Sitaram Chaudhary
                 R/o Village - Benaut, P.S - Rasulpur, District - Saran at Chapra

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Nawal Kishore Singh
                 For the Opposite Party/s :       Ms.Veena Kumari Jaiswal
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases under the Excise Act

                   and allegation is of recovery of 10 litres of liquor from a scooty

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that scooty is registered in the name

                   of his wife, as such, his name was disclosed by local villager

                   and chaukidar, but then, the police in mechanical manner
Patna High Court CR. MISC. No.5461 of 2026(2) dt.02-02-2026
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          implicated the petitioner merely for the reason that he has

          antecedents under the Excise Act without holding a proper

          investigation. It is further submitted that no prudent husband

          would use own vehicle registered in the name of his wife for

          committing a crime and thus, would create trouble for his wife

          also. It is further submitted that petitioner was completely

          unaware that her friend would misuse the vehicle in the manner

          as alleged.

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

          application.

                       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 Court below

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

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Rasulpur P. S. Case No.182 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.5461 of 2026(2) dt.02-02-2026
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                         accepting the provisional bail bonds of the petitioner 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

                         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 three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.5,000/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T