← Library
Patna High CourtCR. MISC./87926/2025disposed

Ranjeet Chaudhary v. The State Of Bihar

2026-01-31Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87926 of 2025 Arising Out of PS. Case No.-450 Year-2025 Thana- RAFIGANJ District- Aurangabad ====================================================== Ranjeet Chaudhary S/o Late Babulal Chaudhary R/o Vill- Naiki, P.S.- Rafiganj, Distt- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2026 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), (c) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedents of two cases under the Excise Act and allegation is of recovery of 30 litres of liquor from the house of the petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the house in question is a joint family property but then it was an abandoned house which was accessible to villagers at large, as such, it appears that someone inimical to the family concealed meager amount of liquor in the

Patna High Court CR. MISC. No.87926 of 2025(3) dt.31-01-2026 2/3 house where no one was staying but then police in a mechanical manner implicated the petitioner based on secret information since he has antecedents of two cases under the Excise Act but then in both the cases the petitioner was implicated in a similar fashion. It is also submitted that no prudent person would use his own premises for committing an occurrence and thus, would create evidence against himself and hence, would get implicated.

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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-cum-Exclusive Special Judge, Excise Court No.1, Aurangabad (Bihar) in connection with Rafiganj P.S. Case No.450 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

Patna High Court CR. MISC. No.87926 of 2025(3) dt.31-01-2026 3/3

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 antecedents of more than two cases, 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 order shall not be confirmed, but if on verification, it is found that petitioner has antecedents of only two cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

8. At this stage, learned counsel for the petitioner, based on instruction, submits that petitioner undertakes to deposit an amount of Rs.5,000/- with Advocates' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) Sanjay/- U T