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Patna High Court

Rakesh Chaudhary @ Rakesh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Rakesh Chaudhary, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from a shop he does not own and that he was not arrested at the scene. The petitioner argued that he had only one prior case under the Excise Act and that the police mechanically implicated him. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would be cancelled; if only one, it would be confirmed. The application was allowed.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Whether the petitioner’s alleged antecedent of a prior Excise case affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9511 of 2026
                      Arising Out of PS. Case No.-606 Year-2025 Thana- SAKRA District- Muzaffarpur
                 ======================================================
                 Rakesh Chaudhary @ Rakesh Mahto Son of Nand Kishore Mahto @ Nand
                 Kishor Mahto Resident of Village- Mahmadpur Dardha @ Mahamadpur
                 Dardha @ Mahamadpur Badal PS -Sakra District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Yugal Kishore, Advocate
                 For the Opposite Party/s :        Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 153.75 litres of liquor from shop of

                   the petitioner. It is next submitted that petitioner was not

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

                   conscious possession. It is asserted and submitted that petitioner

                   is not the owner of the shop from where the alleged recovery is

                   made. It is next submitted that police in mechanical manner
Patna High Court CR. MISC. No.9511 of 2026(2) dt.23-02-2026
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          investigates and implicates once an accused is implicated in a

          case relating to excise earlier.

                       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.5000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Judge, Excise Court No.-I, Muzaffarpur in connection

          with Sakra P.S. Case No.606 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 bond of the petitioner shall verify

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

          found that petitioner has antecedent of more than one case, 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
               Patna High Court CR. MISC. No.9511 of 2026(2) dt.23-02-2026
                                                           3/3




                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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