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Patna High Court

Vijay ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order further stipulated that if any prior case is discovered, the bail would be withdrawn, otherwise it would be confirmed.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

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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