Meghu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49748 of 2026 Arising Out of PS. Case No.-130 Year-2026 Thana- BELSAND District- Sitamarhi ====================================================== 1.

Meghu Choudhary son of late Mahendra Chaudhary Residents of Village -Partapur, P.S.- Belsand, District -Sitamarhi 2.

Mukesh Choudhary Son of Late Mahendra Chaudhary Residents of Village -Partapur, P.S.- Belsand, District -Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-07-2026 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 Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case under the Excise Act and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 9 litres of liquor from a place behind the house of the petitioners.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.49748 of 2026(2) dt.22-07-2026 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners but then is adjacent to their house and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term.

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, 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. 5,000/- (Rupees Five Thousand) 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 Belsand P.S. Case No. 130 of 2026, subject to the conditions as laid down under Section 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 in the event if it is found that petitioner no. 1 has antecedent of more than one case and petitioner no. 2 has antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before

Patna High Court CR. MISC. No.49748 of 2026(2) dt.22-07-2026 3/3 this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of one case and petitioner no. 2 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T