Patna High Court

Binod ChaudharyversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail subject to bond, sureties and verification of antecedent, with confirmation contingent on the petitioner having no more than four prior cases.

Summary

The petitioner, Binod Chaudhary, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(c) of the Bihar Excise Act for allegedly possessing 14 litres of liquor in a seized motorcycle. He argued that the liquor was not in his conscious possession and that he was unaware that another person, Sriram Kumar, would misuse his vehicle. The State opposed the bail, citing the seriousness of the offence and the petitioner's prior four excise cases. The Court granted provisional anticipatory bail subject to a Rs.20,000 bond, two sureties, and verification of the petitioner's criminal antecedent. It directed that if more than four prior cases are found, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
Whether the petitioner’s prior criminal antecedent of four cases affects the grant of anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
seizure of liquor
vehicle ownership
criminal antecedent
Section 30
Section 32
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84582 of 2025
                 Arising Out of PS. Case No.-408 Year-2025 Thana- Daudnagar Excise District- Aurangabad
                 ======================================================
                 Binod Chaudhary S/O Late Rmeshwar Chaudhary Resident of vill-Koilawan
                 tola Raghunath bigha, PS- Haspura Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Adarsh Singh, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   32(c) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the excise act and

                   allegation is of recovery of 14 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.84582 of 2025(3) dt.19-01-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Sriram Kumar would misuse the vehicle in the manner as

          alleged.

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

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          20,000/- (Rupees Twenty 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

          Daudnagar P.S. Case No. 408 of 2025 subject to the 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 petitioner and

          in the event if it is found that petitioner has antecedent of more

          than four cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.84582 of 2025(3) dt.19-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of four

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…