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Patna High Court

Satendra ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bail bond, sureties, and verification of antecedents, with confirmation contingent on the number of prior cases.

Summary

Satendra Chaudhary sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 7.4 litres of liquor from a public area in Videshi tola. He argued that the liquor was not in his conscious possession, the location was accessible to the public, and the complaint was filed by a chowkidar who had not informed police earlier, casting doubt on the prosecution's case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one antecedent exists, the bail will be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of the alleged liquor in the petitioner's possession and the public nature of the place justify bail.
  • Whether the verification of the petitioner's criminal antecedents should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • liquor offence
  • public place
  • criminal antecedent
  • provisional bail
  • FIR
  • chowkidar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.736 of 2026
                    Arising Out of PS. Case No.-452 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Satendra Chaudhary S/o Dinanath Chaudhary R/o Village - Baradhi, Videshi
                 Tola, P.S - Akorhigola, District - Rohtas

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Babu Nandan Prasad
                 For the Opposite Party/s :      Mr.Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  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 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 7.4 litres of liquor from Videshi tola. 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 is accessible to public at large and he came to be

                   implicated at the instance of chowkidar but then it is submitted

                   that if chowkidar was aware of the involvement of the petitioner
Patna High Court CR. MISC. No.736 of 2026(2) dt.15-01-2026
                                            2/3




          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. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (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

          Akorhigola P.S. Case No.452/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one
             Patna High Court CR. MISC. No.736 of 2026(2) dt.15-01-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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