Patna High Court
SHIVDANI CHOUDHARY @ SHIVDANI CHAUDHARIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to Section 438(2) CrPC conditions and verification of the petitioner’s criminal antecedents.
Summary
Shivdani Choudhary applied for anticipatory bail under Section 438 of the CrPC in connection with a case alleging offences under Sections 30(a) and 30(c) of the Excise Act, where 2.5 litres of liquor were recovered from a house that is part of a joint family property. The petitioner argued that he was not arrested on the spot, no liquor was found in his conscious possession, and that the police relied on secret information without proper investigation. He also highlighted his criminal record of five prior cases, two of which are under the Excise Act. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bond of Rs.25,000 with two sureties and directed verification of the petitioner’s antecedents, stating that if more than five prior cases are found, the bail may be revoked. The order was made under the conditions of Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband was recovered from a joint family property and the accused was not in immediate possession.
- Whether the petitioner’s prior criminal antecedents, specifically five cases, preclude the grant of anticipatory bail.
- Whether the police investigation, based on secret information, is sufficient to justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Excise Act
- Section 438
- criminal antecedent
- joint family property
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.581 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- BARBIGHA District- Sheikhpura
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SHIVDANI CHOUDHARY @ SHIVDANI CHAUDHARI S/o- Mahendra
Chaudhari Resident of Village-Narayanpur Police Station-Barbigha District-
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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
Sections 30(a) and 30(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases out of which two
cases are under the Excise Act and allegation is of recovery of
2.5 litres of liquor along with other articles from an asbestos
house of the petitioner.
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 even the house in
Patna High Court CR. MISC. No.581 of 2026(2) dt.15-01-2026
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question is a joint family property and thus, it cannot be alleged
with certainty that it was the 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 implicated based on secret
information, which is the easiest way to implicate someone. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
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.25,000/- (Rupees Twenty Five 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 Barbigha P. S. Case No.132 of 2025, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.581 of 2026(2) dt.15-01-2026
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8. It is made clear that the learned trial Court after
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 five 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 five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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