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Patna High Court

Anand Chouhan @ Anand Kumar Chouhan @ Anand Kumar Choudhary @ Anand KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to conditions, with confirmation contingent upon verification of the petitioner’s antecedent limited to two prior cases.

Summary

Anand Chouhan was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 40.14 litres of liquor from a motorcycle he owned. He argued that he was not in possession of the liquor, was unaware of his friend's alleged misuse of the vehicle, and that ownership alone should not constitute evidence of guilt. The State opposed his application for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the trial court to verify his criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle without possession of contraband negates the basis for arrest.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • vehicle ownership
  • criminal antecedent
  • provisional bail
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.776 of 2026
                         Arising Out of PS. Case No.-289 Year-2025 Thana- RAUTA District- Purnia
                 ======================================================
                 Anand Chouhan @ Anand Kumar Chouhan @ Anand Kumar Choudhary @
                 Anand Kumar S/O Basudeo Chouhan Resident of Village- Routa
                 Dharamkanta, P.S- Rauta, Distt.- Purnea.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sumit Kumar Bhagat
                 For the Opposite Party/s :        Mr.Anil Kumar Singh No. 1
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 40.14 litres of liquor from a

                   motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.776 of 2026(2) dt.15-01-2026
                                            2/3




          vehicle. It is next submitted that no prudent person would use

          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged.

                   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, 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. 10,000/- (Rupees

          Ten 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 Rauta P.S. Case No.

          289 of 2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

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

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.776 of 2026(2) dt.15-01-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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