Patna High Court
Ranjeet ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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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