Patna High Court
Akhilesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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