Patna High Court
Jitendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted as no offence is made out against the petitioner and he has no criminal antecedent, subject to prescribed conditions.
Summary
The petitioner, Jitendra Chaudhary, sought anticipatory bail in an excise case (PS No. 117 of 2025) alleging offences under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act. He claimed that the motorcycle seized, containing 26 litres of illicit liquor, had been sold to a third party and that he had no criminal antecedent. The State argued that ownership of the vehicle made him liable. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the Court examined the facts. Finding no recovery from the petitioner’s conscious possession and no prior record, the Court granted anticipatory bail with a set of strict conditions, reserving the right to cancel the bail if any condition is breached or a criminal antecedent emerges.
Issues considered
- Whether the owner of a vehicle implicated in an excise seizure can be held liable for offences under sections 30(a) and 56(b) of the Bihar Prohibition and Excise Act.
- Whether anticipatory bail can be granted despite the bar under Section 76(2) of the Act when the alleged offence is not made out.
- Whether the petitioner’s lack of criminal antecedent and non‑possession of the seized liquor justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 56(b), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- sections 30(a) and 56(b)
- Section 76(2) bar
- criminal antecedent
- excise seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8637 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- Excise P.S. District- Sheikhpura
======================================================
Jitendra Chaudhary S/O Ashok Chaudhary Resident of Village- Fatehpur,
Police Station- Belchhi, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 117 of 2025 for the
offence under sections 30(a) and 56(b) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution story, the Police on secret
information, intercepted a motorcycle and there is
recovery/seizure of 26 liters of country made liquor and
Ghanshyam Ram and Jitendra Kumar were arrested. This led to
the FIR.
4. Learned counsel for the petitioner submits that he
being the owner of the vehicle got implicated. It was actually
sold to Sohan Ram who is the brother of Ghanshyam Ram and
as the transfer was not completed, he got implicated. The last
Patna High Court CR. MISC. No.8637 of 2026(2) dt.17-02-2026
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submission is that the petitioner has no criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
being the motorcycle owner, he cannot exonerate himself from
the responsibility.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession nor he has criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
Patna High Court CR. MISC. No.8637 of 2026(2) dt.17-02-2026
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9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Judge,
Sheikhpura in connection with Excise P.S. Case No. 117 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
Patna High Court CR. MISC. No.8637 of 2026(2) dt.17-02-2026
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(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
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