Patna High Court

Chandresh ChauhanversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.

Summary

The petitioner, Chandresh Chauhan, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 140.400 litres of liquor from a motorcycle and a car he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that his associate Prakash misused the vehicle. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and mandated verification of the petitioner's criminal antecedent within six weeks. If any antecedent is found, the bail may be cancelled; otherwise, it will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under the Bihar Excise Act
Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner
Whether the petitioner’s clean antecedent warrants grant of anticipatory bail

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
seizure of liquor
vehicle ownership
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91781 of 2025
                   Arising Out of PS. Case No.-268 Year-2023 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Chandresh Chauhan S/O Dinesh Chauhan R/O Village- Chargawa near I.T.I,
                 P.S- Chargawan, Distt.- Gorakhpur, Uttar Pradesh.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Priyanshu Kumar Singh
                 For the Opposite Party/s :      Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026               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 is a person with clean antecedent and allegation is of

                   recovery of 140.400 litres of liquor from a motorcycle and a car.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized car. It

                   is next submitted that no prudent person would use his own

                   vehicle for committing an occurrence and thus would create
Patna High Court CR. MISC. No.91781 of 2025(2) dt.13-01-2026
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          evidence against himself and hence would get implicated, it is

          further submitted that petitioner was completely unaware that

          Prakash would misuse the vehicle in the manner as alleged, who

          was also apprehended from the spot along with two other

          accused persons.

                   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

          Phulwariya P.S. Case No. 263 of 2023, 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 antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.91781 of 2025(2) dt.13-01-2026
                                                          3/3




                        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)
Sumit/-

U         T

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