Patna High Court
Shyamdev Chaudhari @ Shyamdev KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent findings.
Summary
The petitioner, Shyamdev Chaudhari, sought anticipatory bail after the police registered a case under Sections 30(a) and 34 of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 55 litres of liquor from a public field. He argued that the liquor was not in his conscious possession, the land did not belong to him, and that the complaint was prompted by the chawkidar without prior police notification. The State opposed the bail, contending the seriousness of the offences. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and required verification of the petitioner’s criminal antecedent within six weeks. The order further stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences under the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged recovery of liquor from a public place constitutes possession sufficient to deny bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 34
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73350 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- GAUTAMBUDHNAGAR District- Siwan
======================================================
Shyamdev Chaudhari @ Shyamdev Kumar S/O Banarsi Chaudhari @
Banarasi Resident of village - Dumri, P.S - G.B Nagar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate
For the Opposite Party/s : Ms. Rita Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 Sections 30(a) and
34 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 55 litres of liquor from a field.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large. It is further submitted that
petitioner came to be implicated at the instance of the
Chawkidar but then it is submitted that if the Chawkidar was
Patna High Court CR. MISC. No.73350 of 2025(3) dt.07-01-2026
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aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution.
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, let 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 G.B.
Nagar P.S. Case No. 39 of 2025, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.73350 of 2025(3) dt.07-01-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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