Patna High Court
Priyaranjan ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
Petitioner Priyaranjan Choudhary applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 0.75 litres of liquor from a cowshed belonging to Subodh Choudhary. The petitioner argued that he was not present at the scene, had no possession of the liquor, and had no relationship with the owner, contending that the complaint was based on the testimony of a chowkidar who had an inimical motive. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent, stating that the bail would be confirmed if only one prior case is found, but could be withdrawn if more than one antecedent is discovered. The court also required the petitioner to deposit Rs.2,500 with the Advocates’ Association, Patna High Court. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
- Whether the FIR is valid despite the alleged lack of possession and the role of the chowkidar.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor offence
- Bihar Prohibition and Excise Act
- criminal antecedent
- provisional bail
- FIR
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6651 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Priyaranjan Choudhary S/o Ramkumar Choudhary R/o Village - Pokhram,
P.S.- Biraul, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 0.750 litres of liquor from cowshed of Subodh
Choudhary. 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 and petitioner has no
concern or relation with Subodh Choudhary but then he came to
be implicated at the instance of Chowkidar with whom he is on
Patna High Court CR. MISC. No.6651 of 2026(2) dt.04-02-2026
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an inimical term. It is also submitted that if Chowkidar was
aware of 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Judge-II, Darbhanga in connection with Biraul
P.S. Case No.425 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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
Patna High Court CR. MISC. No.6651 of 2026(2) dt.04-02-2026
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it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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