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Patna High Court

Paras ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Paras Chauhan, the owner of a vehicle from which 322 litres of liquor were seized, applied for anticipatory bail after the police alleged his involvement under Sections 30(a) and 32(3) of the Bihar Excise Act. He argued that he had no knowledge of the liquor being transported and that the actual offenders, Mukesh and Piyush, were apprehended at the scene. The State opposed the bail, contending that ownership of the vehicle linked him to the offence. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 500 bail bond with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the vehicle owner under Section 482(2) of the BNSS in a case of alleged excise offences.
  • Whether mere ownership of the vehicle used for the alleged offence suffices to justify arrest and denial of bail.
  • Whether the petitioner’s clean antecedent is a condition for confirming provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 482
  • vehicle ownership
  • clean antecedent
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90841 of 2025
                        Arising Out of PS. Case No.-574 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Paras Chauhan Son of Mukesh Kumar Resident of Udupura, Fatehpur Lal
                 Bila Ahatmali, Bijnor, P.S. and District- Bijnor (Uttar Pradesh)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Bijay Prakash Singh, Advocate
                                                    Mr. Jitesh Kaushik, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                   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 Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 322 liters of liquor from a car.

                                 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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.90841 of 2025(2) dt.12-01-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Mukesh would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot along with Piyush.

                       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.

          500/- (Rupees Five Hundred) 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 Siwan

          Excise P.S. Case No. 574 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 even

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

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.90841 of 2025(2) dt.12-01-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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