Patna High Court
Shailesh Kumar @ Bhondu Chaudhary @ Shalesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Shailesh Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 200 litres of liquor and 200 litres of jawa mahua from a forest area. He argued that he was not arrested at the spot, no contraband was found in his possession, and the alleged site was public land, questioning the prosecution's basis. The State opposed the bail, citing the petitioner’s prior four excise cases. The court granted provisional anticipatory bail, requiring a bail bond of Rs. 20,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedent within six weeks. If more than four prior cases are found, the bail will not be confirmed; if exactly four, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the petitioner was not arrested and no contraband was recovered from his possession.
- Whether the petitioner’s prior criminal antecedent of four excise cases affects the grant of anticipatory bail.
- Whether the trial court may conditionally confirm or set aside the provisional anticipatory bail after verifying the antecedent.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- provisional bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91828 of 2025
Arising Out of PS. Case No.-317 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Shailesh Kumar @ Bhondu Chaudhary @ Shalesh Kumar son of Late
Ganauri Chaudhary Resident of Village - channa, Ps- chandauti, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar
For the Opposite Party/s : Mr.Nand Kumar
======================================================
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 has antecedent of four cases under the Excise Act and
allegation is of recovery of 200 litres of liquor along with 200
litres of jawa mahua from forest of Simariya village.
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.91828 of 2025(2) dt.13-01-2026
2/3
at the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically 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. 20,000/- (Rupees
Twenty 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 Chakand P.S. Case No.
317 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 four
Patna High Court CR. MISC. No.91828 of 2025(2) dt.13-01-2026
3/3
cases 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
confirmed, but after verification if it is found that petitioner has
antecedent of four cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…