Patna High Court

Mohit @ Bose @ Mohit Kumar ChaudharyversusThe State of Bihar

Decided: 29 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court confirmed the anticipatory bail previously granted to the petitioner.

Summary

The petitioner, Mohit Kumar Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, and applied for anticipatory bail. He argued that the police had not yet submitted the required report from the Superintendent of Police, and that no liquor was recovered from his possession, the alleged seizure having taken place at a location not owned by him. The State opposed the bail, contending that the petitioner had four prior excise cases and that liquor amounting to 213.140 litres was recovered. The Court noted that it could not wait indefinitely for the police report and, after considering the submissions, confirmed the provisional anticipatory bail previously granted on 17‑12‑2025. The petitioner was directed to deposit Rs.5,000 with the Patna High Court Lawyers’ Association within two weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, in the absence of a police report and with no material recovered from his possession.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
excise law
police report
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83418 of 2025
                        Arising Out of PS. Case No.-413 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Mohit @ Bose @ Mohit Kumar Chaudhary S/o- Krishna Choudhary @
                 Krishan Chaudhary R/v- Mohammadpur, Mathanpura Ps- Manjhi Dist- Saran
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shweta Anand, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   29-01-2026                  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 the Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that the case

                   was taken up on 17.12.2025, when a report was called for from the

                   Superintendent of Police, Saran at Chapra but the same till date has

                   not been received.

                                4. The Court will not wait endlessly for the report of the

                   Superintendent of Police, Saran at Chapra.

                                5. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 213.140 litres of liquor from the place of

                   occurrence.

                                6. Learned counsel for the petitioner submits that
           Patna High Court CR. MISC. No.83418 of 2025(3) dt.29-01-2026
                                                       2/2




                     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 villagers at large. It is further submitted that

                     petitioner came to be implicated at the instance of the Chawkidar but

                     then it is submitted that once an accused is implicated in a case

                     relating to excise the police start implicating mechanically either at

                     the instance of the Chawkidar, local person, confessional statement

                     or secret information without holding a proper investigation of the

                     case.

                                  7. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  8. Considering the submissions made by the learned

                     counsel for the petitioner, the provisional anticipatory bail granted to

                     the petitioner by order dated 17.12.2025 is hereby confirmed.

                                  9. At this stage, learned counsel for the petitioner based

                     on instruction submits that petitioner undertakes to deposit an

                     amount of Rs.5,000/- with the Lawyers’ Association of the Patna

                     High Court within a period of two weeks from today.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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