Patna High Court
Bacchalal Choudhary @ Bachchalal ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds and verification of the petitioner’s antecedent.
Summary
Bacchalal Choudhary applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 21.66 litres of liquor from various places including his shop. The petitioner argued that he has a clean antecedent, was not arrested, and no liquor was found in his possession, contending that the allegation was based on a mechanical investigation. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act
- Whether the petitioner’s clean antecedent and lack of arrest justify the grant of anticipatory bail
- What conditions should be imposed on the provisional anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- clean antecedent
- provisional bail
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91277 of 2025
Arising Out of PS. Case No.-274 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Bacchalal Choudhary @ Bachchalal Chaudhary S/O Bhawan Choudhary R/O
Village- Khaira Ghat Kat, P.S- Piprakothi, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 21.66 litres of liquor from five different places
including 02 litres of liquor from shop of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is also submitted
that shop is an open place where customers at large come. It is
also submitted that no prudent person would use his own
Patna High Court CR. MISC. No.91277 of 2025(2) dt.12-01-2026
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premises/ shop for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
further submitted that it might be a possibility that some
customer left meager amount of liquor in the shop under fear of
police and the police in a mechanical manner implicated the
petitioner without holding a proper investigation and he came to
be implicated at the instance of Chaukidar when admittedly
petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Piprakothi P. S. Case No.274 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.91277 of 2025(2) dt.12-01-2026
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accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
U T
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