Patna High Court
Karu Choudhary @ Rajendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
2/3
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
Checking your session…