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Patna High Court

Shyamdev Chaudhari @ Shyamdev KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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