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Patna High Court

Praduman ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions imposed under Section 482(2) of the BNSS.

Summary

The petitioner, Praduman Chaudhary, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly transporting 29.850 litres of liquor on a motorcycle registered in his wife's name. He contended that he was not apprehended at the spot, had no conscious possession of the liquor, and was unaware that his friend misused the vehicle. The petitioner has five prior cases under the excise act, and the State opposed his anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs. 25,000 with two sureties, and deposit Rs. 7,500 with the Advocates’ Association. The order is subject to verification of his criminal antecedent; if more than five prior cases are found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior five excise cases affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • Bihar Excise Act
  • Section 482(2)
  • high court
  • prior convictions
  • vehicle registration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6127 of 2026
                 Arising Out of PS. Case No.-1084 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Praduman Chaudhary S/o Late Yadola Chaudhary R/o Village - Mathura, P.S -
                 Shikarpur, District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the excise act and

                   allegation is of recovery of 29.850 liters of liquor from a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that seized vehicle was registered in

                   the name of his wife. It is next submitted that no prudent
Patna High Court CR. MISC. No.6127 of 2026(2) dt.03-02-2026
                                            2/3




          husband would use the vehicle registered in the name of his

          wife for committing an occurrence and thus would create

          evidence against himself and hence would get implicated and at

          the same time shall bring disrepute to his wife, it is also

          submitted that petitioner was completely unaware that his friend

          would misuse the vehicle in the manner as alleged.

                       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, 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.

          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 Shikarpur P.S. Case No. 1084 of 2025 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court 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
            Patna High Court CR. MISC. No.6127 of 2026(2) dt.03-02-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      7500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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