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Patna High Court

Akhilesh ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents and compliance with the stipulated conditions.

Summary

The petitioners, Akhilesh Chaudhary and Sundar Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 240 litres of liquor was allegedly recovered, of which 190 litres was found in a sack thrown by the accused while fleeing. They contended that no liquor was found in their conscious possession, the recovery site did not belong to them, and that the complaint was filed on the basis of a chowkidar’s statement without proper investigation. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 each with two sureties, a deposit of Rs.5,000 with the Lawyers’ Association, and a condition that the trial court verify the petitioners’ criminal antecedents. If the antecedents exceed the disclosed numbers (more than three cases for petitioner 1 and more than one for petitioner 2), the bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused have prior criminal antecedents.
  • Whether the lack of possession of the seized liquor and the manner of investigation justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • high court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84347 of 2025
                     Arising Out of PS. Case No.-448 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
           1.     Akhilesh Chaudhary Son of Late Bhola Chaudhary R/o Village - Akbarpur
                  Hat, P.S. - Akbarpur, District - Nawada.
           2.    Sundar Chaudhary Son of Late Magal Chaudhary R/o Village - Akbarpur
                 Hat, P.S. - Akbarpur, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   28-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of three cases under the excise

                   act and petitioner no. 2 has antecedent of one case under the

                   excise act and allegation is of recovery of 240 liters of liquor

                   from the place of occurrence out of which 190 liters of liquor

                   was recovered from a sack allegedly thrown by the accused

                   persons including the petitioners while fleeing by two
Patna High Court CR. MISC. No.84347 of 2025(3) dt.28-01-2026
                                            2/3




          motorcycles.

                       4. Learned counsel for the petitioners submits that

          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large and they came

          to be implicated at the instance of Chowkidar, but then it is

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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.

          15,000/- (Rupees Fifteen Thousand) each 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 Akbarpur P.S. Case No. 448 of 2025 subject to the
            Patna High Court CR. MISC. No.84347 of 2025(3) dt.28-01-2026
                                                        3/3




                      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 petitioners and

                      in the event if it is found that petitioner no. 1 has antecedent of

                      more than three cases and petitioner no. 2 has antecedent of

                      more than one case then it would be presumed that petitioners,

                      for the purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner no. 1 has antecedent of

                      three cases only and petitioner no. 2 has antecedent of one case

                      only, in that event the provisional anticipatory bail order shall be

                      confirmed forthwith.

                                   8. At this stage, the learned counsel for the

                      petitioners, based on instruction, undertakes to deposit an

                      amount of Rs. 5000/- with Lawyers’ Association, Patna High

                      Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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