Patna High Court
Ishwar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioners' criminal antecedents and compliance with bail conditions.
Summary
The petitioners, three residents of Rohtas district, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged recovery of 180 litres of liquor from a bamboo orchard. They argued that they were not in possession of the liquor, were not owners of the orchard, and were implicated solely on the basis of an unnamed villager's information, which was not recorded in the FIR. The State opposed the bail, citing the petitioners' prior criminal antecedents (two, three, and four cases respectively). The High Court granted provisional anticipatory bail conditioned on the filing of bail bonds and sureties, and directed verification of the petitioners' criminal records. The order stipulated that if the antecedents exceed the disclosed numbers, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in an excise offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- criminal antecedent
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58546 of 2025
Arising Out of PS. Case No.-129 Year-2025 Thana- Bikramganj Excise District- Rohtas
======================================================
1. Ishwar Chaudhary S/o- Late Ghurhu Chaudhary Resident of Asiyan P.S-
Natwar, Dist- Rohtas at Sasaram
2. Nagesh Chaudhary @ Nakesh Kumar S/o- Hanuman Chaoudhary Resident
of Asiyan P.S- Natwar, Dist- Rohtas at Sasaram
3. Tinku Kumar Choudhary @ Tinku Choudhary S/o- Motilal Chaudhary
Resident of Asiyan P.S- Natwar, Dist- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh
For the Opposite Party/s : Mr. Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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, petitioner no.2 has
antecedent of three cases and petitioner no.3 has antecedent of
four cases and allegation is of recovery of 180 litres of liquor
from a bamboo orchard. It is next submitted that petitioners
were not arrested from the spot as such nothing was recovered
Patna High Court CR. MISC. No.58546 of 2025(3) dt.06-01-2026
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from their conscious possession and are not the owners of te
bamboo orchard and they came to be implicated at the instance
of local villager but the name of villager who disclosed the
name of the petitioners have not been disclosed in the FIR
which casts an aspersion on the case of the prosecution. It is
next 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.20,000/- (Rupees twenty 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
Excise P.S. Case No.366/2025, 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.58546 of 2025(3) dt.06-01-2026
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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, petitioner no.2 has antecedent of more
than three cases and petitioner no.3 has antecedent of more than
four cases, 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, petitioner no.2 has antecedent of three
cases and petitioner no.3 has antecedent of four cases, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
amit/-
U T
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