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Patna High Court

Munna ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedents.

Summary

Munna Chauhan applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 160 litres of liquor from a public bush. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, the FIR did not name him, and the investigation was mechanically based on local informants. The State opposed the bail. The High Court, considering the lack of direct possession and procedural lapses, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000, two sureties of equal amount, and verification of the petitioner’s criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending excise case
  • Whether the conditions imposed by the court are appropriate for granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • bail bond
  • criminal antecedent
  • FIR
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91894 of 2025
                   Arising Out of PS. Case No.-335 Year-2025 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Munna Chauhan S/o- Gopal Chauhan Village- Mahuari PS- Nabinagar
                 District- Aurangabad Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Rupa Kumari, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of three cases under the Excise Act

                   and allegation is of recovery of 160 litres of liquor from a bush

                   at Patharghatta hills. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and even alleged recovery is from a place

                   which does not belong to the petitioner and is accessible to

                   villagers at large and he came to be implicated at the instance of

                   local person but then name of the person who disclosed the
Patna High Court CR. MISC. No.91894 of 2025(2) dt.13-01-2026
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          name of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution. It is also 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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of learned District &

          Additional Sessions Judge-cum-Exclusive Special Judge, Excise

          Court No.-01, Aurangabad, Bihar in connection with Badem

          Nabinagar P.S. Case No.335 of 2025, subject to the conditions

          laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.91894 of 2025(2) dt.13-01-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than three cases,

                         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 has antecedents of only three cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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