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Patna High Court

Dinesh Chaudhary @ Pusha ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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                        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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