Patna High Court

Bigan Chaudhary @ Bigan @ Bigan Kr. ChaudharyversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents under Section 482(2) of the BNSS.

Summary

Petitioner Bigan Chaudhary sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 15 litres of liquor from a sack. He argued that the liquor was not in his conscious possession, the sack did not belong to him, and the complaint originated from a watchman’s hostile motive. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional order will be confirmed. The order is subject to Section 482(2) of the BNSS and the trial court’s further scrutiny.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the alleged facts justify denial of bail on grounds of possession and involvement.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
possession
liquor seizure
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90212 of 2025
                        Arising Out of PS. Case No.-308 Year-2025 Thana- AANDAR District- Siwan
                 ======================================================
                 Bigan Chaudhary @ Bigan @ Bigan Kr. Chaudhary S/o Late- Bhagwan
                 Chaudhary R/o Village- Pachbarwa, P.S- Andar, Dist- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Adesh Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 15 liters of liquor from a sack.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern with the sack and he came to be

                   implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.90212 of 2025(2) dt.08-01-2026
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          inimical term. It is also submitted that if Chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Andar

          P.S. Case No. 308 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.90212 of 2025(2) dt.08-01-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case, in that event the provisional anticipatory bail order shall be

                      confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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