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Patna High Court

Anjani ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bail‑bond conditions and verification of his criminal antecedent.

Summary

The petitioner, Anjani 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 jawa mahua from the Sone river. The petitioner argued that no liquor was recovered from his possession, the alleged recovery site is public, and the informant’s identity is omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, citing the petitioner’s alleged five prior Excise cases. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to Section 438(2) conditions, and ordered verification of his criminal antecedent. The Court clarified that if the antecedent is found to be concealed, the bail may be revoked, otherwise the provisional order will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite alleged offences under the Excise Act and alleged prior criminal antecedent.
  • Whether the absence of recovery from the petitioner’s possession and the public nature of the alleged recovery site affect the grant of bail.
  • Whether concealment of prior cases, if proven, warrants revocation of the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • bail conditions
  • criminal antecedent
  • FIR
  • public place recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83945 of 2025
                   Arising Out of PS. Case No.-316 Year-2025 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Anjani Chauhan S/o- Gopal Chauhan Village- Mahuwari PS-Nabinagar Distt-
                 Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Singh
                 For the Opposite Party/s :      Dr. Kumar Uday Pratap
                 ======================================================
                 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

                   Sections 30(a) and 30(c) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and allegation is of recovery of 105 litres of liquor from bank of

                   Sone river along with 6000 litres of jawa mahua, which 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, which does not belong to the petitioner
Patna High Court CR. MISC. No.83945 of 2025(3) dt.19-01-2026
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          and is accessible to public at large and he came to be implicated

          at the instance of local person, but the name of the person, who

          disclosed the name of the petitioner is not disclosed in the F.I.R.,

          which casts an aspersion on the case of the prosecution. It is

          next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner 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.25,000/- (Rupees Twenty 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 Nabinagar P. S. Case No.316 of 2025, subject

          to the conditions 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
               Patna High Court CR. MISC. No.83945 of 2025(3) dt.19-01-2026
                                                           3/3




                         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 five cases, 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 has antecedent of five cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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