Patna High Court
Vijay ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.
Summary
Vijay Chauhan applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a) and 30(c) of the Excise Act for alleged recovery of liquor and fermented mahua. The petitioner asserted that he has a clean antecedent and that the alleged contraband was recovered from a clay house adjacent to his residence, not from his possession, suggesting false implication by a watchman. The State opposed the bail, arguing the seriousness of the offence. The Court examined the submissions, noted the lack of direct possession and the petitioner’s clean record, and directed that provisional anticipatory bail be granted upon furnishing bail bonds and sureties, subject to verification of antecedents. The order further stipulated that if any prior case is discovered, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences under Sections 30(a) and 30(c) of the Excise Act.
- Whether the petitioner’s alleged lack of direct possession and clean antecedent justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- clean antecedent
- provisional bail
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83614 of 2025
Arising Out of PS. Case No.-304 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Vijay Chauhan Son of Late Ramparikha Chauhan Resident of Village-
Futaharwa, P.S.- Nabinagar, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a),(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 60 litres of liquor from clay house beside the
house of the petitioner along with 5000 litres of fermented jawa
mahua was destroyed.
4. The 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 alleged
recovery is from a place beside the house of the petitioner, as
Patna High Court CR. MISC. No.83614 of 2025(3) dt.19-01-2026
2/3
such, he came to be implicated at the instance of Chaukidar,
since recovery was made from a place adjacent to the house of
the petitioner. It is further submitted that if Chaukidar was
aware of the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution. It is further submitted that it appears that
chaukidar in order to save the real culprits falsely implicated the
petitioner, when admittedly petitioner is a person with clean
antecedent and the police implicated the petitioner mechanically
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Nabinagar P. S. Case No.304 of 2025, subject to the conditions
Patna High Court CR. MISC. No.83614 of 2025(3) dt.19-01-2026
3/3
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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