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Patna High Court

Ranjeet ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.

Summary

Petitioner Ranjeet Chaudhary applied for anticipatory bail fearing arrest in a case under Sections 30(a) and (c) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 30 litres of liquor from his allegedly abandoned joint‑family house. He contended that no liquor was found in his possession, the house was accessible to villagers, and the police implicated him solely on secret information and his prior two excise cases. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Code of Criminal Procedure, directing verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in the context of alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s prior two excise cases affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedents
  • Section 30
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87926 of 2025
                    Arising Out of PS. Case No.-450 Year-2025 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Ranjeet Chaudhary S/o Late Babulal Chaudhary R/o Vill- Naiki, P.S.-
                 Rafiganj, Distt- Aurangabad (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a), (c) of Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 30 litres of liquor from the house 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 the house in question is a joint family

                   property but then it was an abandoned house which was

                   accessible to villagers at large, as such, it appears that someone

                   inimical to the family concealed meager amount of liquor in the
Patna High Court CR. MISC. No.87926 of 2025(3) dt.31-01-2026
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          house where no one was staying but then police in a mechanical

          manner implicated the petitioner based on secret information

          since he has antecedents of two cases under the Excise Act but

          then in both the cases the petitioner was implicated in a similar

          fashion. It is also submitted that no prudent person would use

          his own premises for committing an occurrence and thus, would

          create evidence against himself and hence, would get

          implicated.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned District &

          Additional Sessions Judge-cum-Exclusive Special Judge, Excise

          Court No.1, Aurangabad (Bihar) in connection with Rafiganj

          P.S. Case No.450 of 2025, subject to the conditions laid down

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

                       6. The application stands allowed.
               Patna High Court CR. MISC. No.87926 of 2025(3) dt.31-01-2026
                                                           3/3




                                      7. It is made clear that the learned trial Court after

                         accepting the provisional bail bond of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedents of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

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

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.5,000/- with Advocates’ Association,

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


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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