Patna High Court
Anil ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to a bail bond and sureties, under Section 482(2) of the CrPC.
Summary
The petitioners, Anil and Manoj Chaudhary, applied for anticipatory bail fearing arrest in a case (Town P.S. No. 531 of 2025) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 100 litres of toddy from their shop. The prosecution’s case is based on the testimony of co‑accused Chotu Choudhary, who identified the petitioners as the perpetrators. The petitioners contended they were not apprehended on the spot, no contraband was found in their possession, and that Chotu Choudhary, the shop owner, had an inimical relationship with them, making the allegations false. The State opposed the anticipatory bail, arguing that the petitioners are named in the FIR and the allegations merit detention. The Court, after considering the material and the fact that the petitioners were not seized, granted anticipatory bail subject to a bail‑bond of Rs.10,000 each with two sureties, under Section 482(2) of the CrPC, and directed compliance with conditions set by the Exclusive Special Excise Judge‑I, Begusarai.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
- Whether the petitioners were apprehended on the spot or found in possession of the seized toddy.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482 CrPC
- toddY seizure
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9360 of 2026
Arising Out of PS. Case No.-531 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
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1. Anil Chaudhary S/O Kedar Chaudhary R/O Village - Teliya Pokhar, P.S-
Ratanpur, District - Begusarai Bihar
2. Manoj Chaudhary S/O Banarsi Chaudhary R/O Village - Teliya Pokhar, P.S-
Ratanpur, District - Begusarai Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Town P.S. Case No. 531 of 2025, registered for
the offence punishable under Section 30(a) of Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. As per prosecution case, there is alleged recovery
of 100 litre toddy from the shop of the petitioners as per seizure-
list. Apprehended co-accused Chotu Choudhary disclosed the
name of the petitioners who fled away from the place of
occurrence.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.9360 of 2026(2) dt.19-02-2026
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petitioners are quite innocent and have committed no offence as
alleged in the F.I.R. He further submits that the petitioners were
not apprehended on the spot. No incriminating article has been
recovered from the conscious possession of the petitioners. He
further submits that apprehended co-accused Chhotu Choudhary
is the owner of the said shop and the petitioners are on inimical
term with the said co-accused, hence, they have been falsely
implicated in this case. He further submits that petitioner No.1
has clean antecedent and petitioner No.2 has one criminal
antecedent in which he is on bail. In light of the aforesaid facts
and circumstances, no offence, as alleged in the F.I.R., is made
out against the petitioners.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners and
submits that petitioners are named in the F.I.R. and they cannot
escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioners were not apprehended on the spot, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
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released on anticipatory bail on furnishing bail-bond of
Rs.10,000/- (rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Judge-I, Begusarai in connection with Town P.S. Case
No. 531 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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