Karu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63324 of 2025 Arising Out of PS. Case No.-768 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Karu Chaudhary S/o Shiwan Chaudhary @ Shivnarayan Choudhary R/o Village- Jhikatiya, P.S.- Madanpur, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Excise Act.
3. The case was taken up on 24.09.2025 when a report from the Superintendent of Police, Aurangabad was called for along with a copy of the case diary, but the same till date has not been received.
4. The Court will not wait endlessly for the case diary and the report of the Superintendent of Police, Aurangabad.
5. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 455 liters of spirit from an agricultural field behind
Patna High Court CR. MISC. No.63324 of 2025(3) dt.10-11-2025 2/3 the house of the petitioner.
6. Learned counsel for the petitioner submits that the petitioner was not apprehended 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 public at large and he came to be implicated based on secret information which is the easiest way to implicate someone
7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
8. 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 Trial Court 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) 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 Excise P.S. Case No. 768 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
9. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.63324 of 2025(3) dt.10-11-2025 3/3 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 seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if 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) Rishabh/- U T