Patna High Court
Karu ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions and verification of his criminal antecedents.
Summary
Petitioner Karu Chauhan sought anticipatory bail in a case registered under Sections 30(a) to 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor and fermented Mahua from land adjacent to his borewell, which he claims does not belong to him. He contended that the police, relying on a hostile chowkidar, mechanically implicated him without proper investigation and that no liquor was found in his conscious possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and a condition that the trial court verify his criminal antecedents. If more than four prior cases are found, the bail will not be confirmed; if exactly four, it will be confirmed forthwith. The petitioner also undertook to deposit Rs.7,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise offence case
- Whether the alleged recovery of liquor from land not owned by the petitioner justifies denial of bail
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor recovery
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6461 of 2026
Arising Out of PS. Case No.-143 Year-2024 Thana- NAWADA District- Nawada
======================================================
Karu Chauhan Son of Janki Chauhan R/o village - Mushan Bigha, P.S.-
Nawada, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 offence punishable under Sections 30(a) (d) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases, out of which, three cases
are under the Excise Act and allegation is of recovery of 13
litres of liquor from an agricultural land near boring of
petitioner along with 500 litres of fermented Jawa Mahua which
was destroyed at the spot. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and even alleged recovery is
from a place which does not belong to the petitioner but then is
Patna High Court CR. MISC. No.6461 of 2026(2) dt.04-02-2026
2/3
adjacent to his boring as such he came to be implicated at the
instance of chowkidar with whom he is on an inimical term. It is
also 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. It
is next submitted that petitioner earlier also came to be
implicated in similar manner.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.20,000/- (Rupees twenty 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
Town P.S. Case No.143/2024, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.6461 of 2026(2) dt.04-02-2026
3/3
event if it is found that petitioner has antecedent of more than
four cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner 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)
amit/-
U T
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