Patna High Court
Bablu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, finding insufficient material to justify his arrest.
Summary
The petitioner, Bablu Chaudhary, sought anticipatory bail after being named in an FIR for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended in 2022), wherein 50 litres of country-made mahua liquor was recovered from an open area in front of his house. The prosecution alleged that the petitioner fled the scene, while the petitioner contended he was not present at the location, the seizure was not lawfully documented, and no incriminating article was found in his possession. He also argued that his prior criminal antecedents should not be a basis for false implication. The State opposed the bail, asserting that a named accused cannot escape liability. Considering the lack of direct evidence linking the petitioner to the seized liquor and the circumstances of the recovery, the court granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the FIR under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the circumstances of the seizure and the petitioner’s alleged absence from the scene justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- seizure
- FIR
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8793 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Bablu Chaudhary S/o Manoj Chaudhary @ Manoj Kumar Chaudhari Resident
of Village- Pachrukhi, P.S.- Akbarpur, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Akbarpur P.S. Case No. 533 of 2025 registered
for the offences punishable under Section 30(a) of the bihar
Prohibition and Excise Act, 2016/ Amendment Act, 2022.
3. As per prosecution case, 50 litre country made
mahua liquor was recovered in front of the house of the
petitioner and local chaukidar disclosed the name of the
petitioner who succeeded in fleeing away from the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case. He
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further submits that the place of recovery is an open place which
is accessible to all and petitioner cannot be held liable for the
alleged recovery. Petitioner was not found at the place of
occurrence. He further submits that petitioner bears criminal
antecedent of the three cases in which he is on bail. He further
submits that just because of having criminal antecedent,
petitioner has falsely been implicated in the present case.
Seizure list has not been made as per law. No incriminating
article has been recovered from the possession of the petitioner.
In the light of the aforesaid facts and circumstances of the case,
no case is made out against the petitioner under the provisions
of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused and he cannot escape from the
allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
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released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Court, Excise – I, Nawada in connection with Akbarpur P.S.
Case No. 533 of 2025, subject to the conditions as laid down
under Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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