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Patna High Court

Nirmohi ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nirmohi Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 15 litres of liquor from a motorcycle. He argued that he was not the owner of the vehicle, the liquor was not found in his possession, and that the complaint was based solely on the testimony of a chowkidar who failed to inform police earlier. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act
  • Whether the petitioner’s alleged antecedent warrants denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85016 of 2025
                      Arising Out of PS. Case No.-121 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
                 Nirmohi Chaudhary Son of Rajendra Chaudhary Resident of Village -
                 Bishmabharpur, P.S. - Kasma, Dist. - Aurangabad, Bihar.

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

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

3   22-01-2026               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 one case under the Excise Act and

                   allegation is of recovery of 15 litres of liquor from a motorcycle.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of Chowkidar but then it is submitted that if the Chowkidar was

                   aware about the involvement of the petitioner in the occurrence,
Patna High Court CR. MISC. No.85016 of 2025(3) dt.22-01-2026
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          then why he did not inform the police prior to institution of the

          instant FIR, which casts an aspersion on the case of the

          prosecution. 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.

          5,000/- (Rupees Five 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 Kasma

          P.S. Case No. 121 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
              Patna High Court CR. MISC. No.85016 of 2025(3) dt.22-01-2026
                                                          3/3




                        than one case 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 one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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