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Patna High Court

Umesh Chaudhary @ Rocky Kumar @ RockyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, finding insufficient material to justify his arrest.

Summary

The petitioner, Umesh Chaudhary, sought anticipatory bail in connection with a case alleging his involvement in the recovery of 160 litres of illicit country-made liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution’s case relied on the testimony of a local chowkidar who identified the petitioner, but no material evidence placed him at the scene. The petitioner argued that he was innocent, that the alleged recovery site was an open area where anyone could place liquor, and that his prior criminal antecedents were being used to falsely implicate him. The State opposed the bail, contending that the petitioner was named in the FIR and should face trial. The court, after considering the lack of substantive evidence and the petitioner’s willingness to surrender within six weeks, granted anticipatory bail on the condition of a bail bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S.S. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in the absence of concrete evidence linking him to the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner can be held liable for the alleged recovery of illicit liquor based solely on the chowkidar's identification and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • bail bond
  • sureties
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8921 of 2026
                     Arising Out of PS. Case No.-16 Year-2026 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Umesh Chaudhary @ Rocky Kumar @ Rocky S/O Tapeshwar Chaudhary @
                 Pateshwar Chaudhary Resident of -Koilwan Tola, Raghunathpur Bigha, P.S-
                 Haspura, Dist.- Aurangbad (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Adarsh Singh, Advocate
                 For the Opposite Party/s :       Mrs.Asha Devi, APP
                 ======================================================
                 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 Haspura P.S. Case No. 16 of 2026, registered

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

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. As per prosecution-case, there is alleged recovery

                   of 160 litre illicit country-made liquor from the bush of

                   Sheesam tree and local Chowkidar disclosed the name of the

                   petitioner who is said to have fled away from the place of

                   occurrence.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence as
Patna High Court CR. MISC. No.8921 of 2026(2) dt.18-02-2026
                                            2/3




          alleged in the F.I.R. He further submits that because of having

          criminal antecedent of two cases, as mentioned in para-3 of the

          petition, petitioner has been falsely implicated in the present

          case without any basis. Except suspicion, there is nothing on

          record to connect the petitioner with the alleged occurrence and

          place of recovery is an open place and anyone can place illicit

          liquor at the said place. As such, petitioner cannot be held liable

          for the alleged recovery. In light of the aforesaid facts and

          circumstances, no offence, as alleged in the F.I.R., is made out

          against the petitioner.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that petitioner is named in the F.I.R. and he cannot

          escape from the allegations made in the F.I.R.

                       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

          released on anticipatory bail on furnishing bail-bond of

          Rs.10,000/- (rupees ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.8921 of 2026(2) dt.18-02-2026
                                                        3/3




                      amount each to the satisfaction of learned Special Judge Excise

                      Court No. II, Aurangabad, Bihar in connection with Haspura

                      P.S. Case No. 16 of 2026, subject to the conditions as laid down

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

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)

K.C.Jha/-

U      T


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