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Patna High Court

Karu ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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