Akhilesh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84347 of 2025 Arising Out of PS. Case No.-448 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== 1.
Akhilesh Chaudhary Son of Late Bhola Chaudhary R/o Village - Akbarpur Hat, P.S. - Akbarpur, District - Nawada.
2.
Sundar Chaudhary Son of Late Magal Chaudhary R/o Village - Akbarpur Hat, P.S. - Akbarpur, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2026
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 three cases under the excise act and petitioner no. 2 has antecedent of one case under the excise act and allegation is of recovery of 240 liters of liquor from the place of occurrence out of which 190 liters of liquor was recovered from a sack allegedly thrown by the accused persons including the petitioners while fleeing by two
Patna High Court CR. MISC. No.84347 of 2025(3) dt.28-01-2026 2/3 motorcycles.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to villagers at large and they came to be implicated at the instance of Chowkidar, but then it is submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
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 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. 15,000/- (Rupees Fifteen 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 Akbarpur P.S. Case No. 448 of 2025 subject to the
Patna High Court CR. MISC. No.84347 of 2025(3) dt.28-01-2026 3/3 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 three cases and petitioner no. 2 has antecedent of more than one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner no. 1 has antecedent of three cases only and petitioner no. 2 has antecedent of one case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioners, based on instruction, undertakes to deposit an amount of Rs. 5000/- with Lawyers' Association, Patna High Court.
(Satyavrat Verma, J) Rishabh/- U T