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Patna High Court

Karu Choudhary @ Rajendra ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner's antecedents.

Summary

Petitioner Karu Choudhary sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the liquor recovered from his under‑construction house was planted and that the case diary had not been produced. The State opposed the bail. The Court, after considering the petitioner's claim of lack of possession and possible fabrication, granted provisional anticipatory bail subject to a Rs.5,000 bail bond, two sureties, verification of criminal antecedents, and a deposit of Rs.2,500 with the Advocates’ Association. The order also stipulated that if more than one antecedent is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.

Issues considered

  • Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 where the case diary is not produced.
  • Whether the alleged planting of liquor and lack of possession justify bail.
  • Whether the trial court should verify the petitioner's criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • case diary
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85558 of 2025
                   Arising Out of PS. Case No.-280 Year-2025 Thana- NATHNAGAR District- Bhagalpur
                 ======================================================
                 Karu Choudhary @ Rajendra Choudhary Son of Arun Choudhary @ Arjun
                 Choudhary Resident of Mohalla - Mahasay Dyodhi, Champa Nagar, Police
                 Station - Nath Nagar, District - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dr. Manoj Kumar
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-02-2026                  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

                   30(d) of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel submits that by order dated

                   18.12.2025, the case diary was called for but then the same till

                   date has not been received. The Court will not wait endlessly for

                   the case diary. It is next submitted that petitioner has antecedent

                   of one case and allegation is of recovery of 10 litres of liquor

                   from a house under construction of the petitioner. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and no
Patna High Court CR. MISC. No.85558 of 2025(3) dt.05-02-2026
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          prudent person would use his own premises for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated. It is next submitted that since the

          house was under construction as such no member of the family

          was staying in the house but then the house was accessible to

          villagers at large and it appears that someone inimical to the

          family planted meager amount of liquor with an intent to

          implicate the family members and he came to be implicated at

          the instance of local person but then the name of person who

          disclosed the name of petitioner is not disclosed in the FIR,

          which casts an aspersion on the case of the prosecution.

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

          anticipatory bail of the petitioner.

                       5. 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 Court below

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

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (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 Nath

          Nagar P.S. Case No.280/2025, subject to the conditions as laid
             Patna High Court CR. MISC. No.85558 of 2025(3) dt.05-02-2026
                                                         3/3




                       down under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.2500/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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