Patna High Court
Dinesh Chaudhary @ Pusha ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with the conditions imposed.
Summary
The petitioner, Dinesh Chaudhary, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Excise Act for the alleged recovery of 25 litres of liquor from a public place. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred at a location he did not own, suggesting a mechanical police investigation. The State opposed the bail, contending that the petitioner has five prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and subject to verification of his criminal antecedent under Section 482(2) of the BNSS. The Court directed that if the petitioner is found to have more than five prior cases, the bail would not be confirmed; otherwise, it would be confirmed upon verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged prior five excise cases affect the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91008 of 2025
Arising Out of PS. Case No.-154 Year-2025 Thana- SARE District- Nalanda
======================================================
Dinesh Chaudhary @ Pusha Chaudhary S/o- Late Rajkumar Chaudahry
Village- Onda PS- Sare Dist-Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Prasad
For the Opposite Party/s : Ms.Pushpa Sinha. 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of 5 cases under the Excise Act and
allegation is of recovery of 25 litres of liquor from a place near
anganbari centre.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.91008 of 2025(2) dt.12-01-2026
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at the instance of Chowkidar, but then it is submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.
25,000/- (Rupees Twenty-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
Sare P.S. Case No. 154 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 five cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.91008 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 has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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