Patna High Court
Munna ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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