Patna High Court
Chhakku Chaudhary @ Chhaku ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.
Summary
Petitioner Chhakku Chaudhary sought anticipatory bail fearing arrest in a case under Section 47(a)(f) of the Bihar Excise Act, 1915, alleging recovery of liquor from a hut not belonging to him and no conscious possession. He argued that the police had mechanically implicated him without proper investigation and highlighted his prior single case under the Excise Act. The State opposed the bail. The Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. It directed that if more than one prior case is found, the bail would not be confirmed; if only one, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in view of the alleged excise offence and his prior criminal antecedent.
- Whether the lack of conscious possession and the manner of police investigation justify granting bail.
Legislation cited
- Bihar Excise Act, 1915 — s. 47(a)(f)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 47
- Section 438
- bail conditions
- criminal antecedent
- possession
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60618 of 2025
Arising Out of PS. Case No.-293 Year-2014 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Chhakku Chaudhary @ Chhaku Chaudhary S/O Badho Chaudhary R/O Vill-
Pesh, P.S. - Nardiganj, Dist- Nawada (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhilesh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 offence punishable under Section 47(a)(f) of
the Bihar Excise Act, 1915.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 70 litres of liquor from a hut and
1200 litres of fermented Jawa Mahua which was destroyed.
4. 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 alleged
recovery is from a hut which does not belong to the petitioner
and he came to be implicated based on the secret information
Patna High Court CR. MISC. No.60618 of 2025(3) dt.06-01-2026
2/3
which is the easiest way to implicated someone. It is further
submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
instance of the Chawkidar, local person, secret information or
confessional statement without holding a proper investigation of
the case.
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, let 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.5,000/- (Rupees 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 G.O.
Case No. 293 of 2014, subject to the conditions as laid down
under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.60618 of 2025(3) dt.06-01-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…