Patna High Court
Sudin ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that provisional anticipatory bail may be granted under Section 482(2) of the BNSS, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Sudin Chaudhary, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 20 litres of liquor and 200 litres of jawa mahua from a banana orchard adjacent to his house. He argued that the liquor was not in his conscious possession, the orchard did not belong to him, and the informant (the chowkidar) failed to report the matter earlier, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the excise offence. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and deposit a sum with the Advocates’ Association. The order further directed the trial court to verify the petitioner’s criminal antecedent and confirm or set aside the bail accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the alleged recovery of liquor from land adjacent to the petitioner’s house justifies denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- provisional bail
- criminal antecedent
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6563 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Sudin Chaudhary S/O Late Banke Chaudhary R/O Village- Isapur, P.S-
Bhagwanpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Kant, Advocate
Mr. Sudhanshu Prakash, Advocate
Mr. Vaibhav Kumar Jha, Advocate
Mr. Navin Kumar, Advocate
Ms. Sristi, Advocate
Ms. Karnika, Adv
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 20 litres of liquor from a banana
orchard situated behind the house of the petitioner along with
200 litres of jawa mahua, which was destroyed at the spot.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.6563 of 2026(2) dt.04-02-2026
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recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated at
the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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. 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 Bhagwanpur P.S.
Case No. 357 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.6563 of 2026(2) dt.04-02-2026
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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 one
case then it would be presumed that petitioner, for the 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 one case 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 submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
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