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Patna High Court

Brij Kishor Chaudhary @ Brajkishor ChaudhariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that provisional anticipatory bail may be granted subject to conditions and verification of antecedents under Section 482(2) of the BNSS.

Summary

The petitioner, Brij Kishor Chaudhary, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 15 litres of liquor from premises adjacent to his shop. He argued that he was not arrested, no liquor was found in his possession, and the alleged recovery occurred on property not owned by him, alleging that a hostile chowkidar fabricated the complaint. He sought anticipatory bail, which the State opposed. The High Court, applying its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. The Court stipulated that if more than two prior cases are found, the bail would not be confirmed; if two or fewer, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the High Court can impose conditions and a provisional order pending verification of the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • Section 482
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84955 of 2025
                 Arising Out of PS. Case No.-373 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Brij Kishor Chaudhary @ Brajkishor Chaudhari S/o Jagdish Chaudhary
                 Resident of Village - Vishunpurtara, Tola - Kanspakari, P.S - Madhuban,
                 District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 15 litres of liquor from a place

                   behind the egg shop of petitioner and 15 litres of liquor from a

                   place behind the egg shop of Aanandi Mahto.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.84955 of 2025(3) dt.20-01-2026
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          recovery is from a place which does not belong to the petitioner

          but then is adjacent to his shop as such he came to be implicated

          at the instance of Chowkidar with whom he is on an inimical

          term. It is further 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 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. 10,000/- (Rupees

          Ten 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 Madhuban P.S. Case

          No. 373 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 two
              Patna High Court CR. MISC. No.84955 of 2025(3) dt.20-01-2026
                                                          3/3




                        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 anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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