Patna High Court
Ram Lagan ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of criminal antecedent, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
Ram Lagan Choudhary and his son Pradeep Choudhary sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging recovery of 294 litres of liquor from a public ghat. They contended that they were not caught in possession, that the recovery was from a place they did not own, and that the case was based on secret information without proper investigation. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify their criminal antecedents. The order further stipulated that if either petitioner is found to have more than two prior excise cases, the bail could be cancelled. The court exercised its inherent powers under Section 482(2) of the CrPC to issue the provisional bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged recovery was not made from the accused's possession.
- Whether the reliance on secret information without a proper investigation justifies denial of bail.
- What conditions may be imposed on anticipatory bail, including verification of criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- secret information
- bail conditions
- criminal antecedent
- Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7146 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- NTPC KHAIRA District- Aurangabad
======================================================
1. Ram Lagan Choudhary S/O Late Pancham Choudhary R/O Village-
Kajarian, P.S- N.T.P.C. Khaira, Distt.- Aurangabad.
2. Pradeep Choudhary @ Pradeep Kumar S/O Ram Lagan Choudhary R/O
Village- Kajarian, P.S- N.T.P.C. Khaira, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Pandey
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners have antecedent of two cases under the Excise Act
and allegation is of recovery of 294 litres of liquor from
Kajrayin ghat near Sone diyara area.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.7146 of 2026(2) dt.19-02-2026
2/3
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated based on secret information which is the easiest
way to implicate someone. 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each 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 N.T.P.C Khaira P.S. Case No. 2 of
2026, subject to the conditions as laid down under Section
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of more than
Patna High Court CR. MISC. No.7146 of 2026(2) dt.19-02-2026
3/3
two cases then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioners have antecedent of
two cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…