Arun Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7340 of 2026 Arising Out of PS. Case No.-3 Year-2026 Thana- PAUTHU District- Aurangabad ====================================================== 1.

Arun Chaudhary Son of Arjun Chaudhary @ Arjan Chaudhary Resident of Village - Bhetaniya Makhmulpur PS - Paithu District - Aurangabad Bihar 2.

Nanki Chaudhary son of Bhagavan Chaudhari @ Bhagavan Chaudhary Resident of Village - Bhetaniya Makhmulpur PS - Paithu 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. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 95 litres of liquor from a bamboo orchard along with 500 litres of Jawa Mahua Solution which was destroyed.

4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the

Patna High Court CR. MISC. No.7340 of 2026(2) dt.19-02-2026 2/3 petitioners and is accessible to villagers at large. It is further submitted that petitioners are not the owner of the bamboo orchard and came to be implicated based on the confessional statement of Ranjit Kumar in police custody which does not have any evidentiary value in the eye of law.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) each 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 Pauthu P.S. Case No. 03 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

7. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case, it would be presumed that petitioners had concealed their antecedent before this Court at para 3 of the anticipatory bail

Patna High Court CR. MISC. No.7340 of 2026(2) dt.19-02-2026 3/3 application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T