Patna High Court
Brij Kishor Chaudhary @ Brajkishor ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
2/3
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
Checking your session…