Allowed¶20

Guddu Chauhan v. The State of Bihar

Anticipatory bail – Bihar Excise Act, Section 30(a)

Patna HC13 Mar 2026CR. MISC./14845/2026

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What is this about?

Patna High Court; CR. MISC. No.14845 of 2026; Guddu Chauhan v. The State of Bihar; Justice Satyavrat Verma; order dated 13-03-2026; anticipatory bail; provisional anticipatory bail; Bihar Excise Act Section 30(a); BNSS Section 482(2); criminal antecedents verification; Sripur P.S. Case No. 19 of 2024; Gopalganj; bail bond Rs. 15,000; two sureties; concealment of antecedents.

What did the court decide?

Provisional anticipatory bail granted in connection with Sripur P.S. Case No. 19 of 2024, on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each upon arrest or surrender within six weeks, subject to Section 482(2) BNSS conditions; confirmation made subject to Trial Court verification of the petitioner's criminal antecedents. ¶20

Guddu Chauhan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

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Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Sripur P.S. Case No. 19 of 2024 registered under Section 30(a) of the Bihar Excise Act, is entitled to anticipatory bail. +1 more

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Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on a bail bond of Rs. 15,000/- with two sureties of the like amount each, to the satisfaction of the trial court where Sripur P.S. Case No. 19 of 2024 is pending, subject to the conditions under Section 482(2) of the BNSS.

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Ratio / Principle

The Trial Court shall verify the petitioner's criminal antecedents; if more than three cases are found, it will be presumed that the petitioner concealed his antecedents and the provisional anticipatory bail order shall not be confirmed; if exactly three cases are found, the provisional anticipatory bail order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

Anticipatory bail — Bihar Excise Act, Section 30(a) — Sripur P.S. Case No. 19 of 2024, District Gopalganj — petitioner, stated to have three antecedents (two under the Excise Act, with allegation of recovery of 36 litres of liquor from a motorcycle), claims he was not arrested from the spot and nothing recovered from his conscious possession — State opposed — Held: provisional anticipatory bail granted; petitioner to be released on bail bond of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each on arrest or surrender within six weeks, subject to conditions under Section 482(2) of the BNSS — Trial Court to verify criminal antecedents: if more than three cases found, concealment presumed and provisional bail not to be confirmed; if three cases found, provisional anticipatory bail to be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14845 of 2026

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Arising Out of PS. Case No.-19 Year-2024 Thana- SRIPUR District- Gopalganj

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======================================================

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Guddu Chauhan S/o Mahesh Chauhan @ Mahesh Noniya R/o VillageLamichur, PS- Bhore, Distt- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Vikash Kumar Shukla For the Opposite Party/s : Mr.Kanhiya Kishor ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 13-03-2026

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

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases out of which two cases are under the Excise Act and allegation is of recovery of 36 litres of liquor from a motorcycle.

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4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is further submitted that he came to be implicated based on secret information which is the easiest way

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Patna High Court CR. MISC. No.14845 of 2026(2) dt.13-03-2026 2/3

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to implicate someone. It is further 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.

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

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6. 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. 15,000/- (Rupees Fifteen 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 Sripur P.S. Case No. 19 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

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7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases 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

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Patna High Court CR. MISC. No.14845 of 2026(2) dt.13-03-2026 3/3

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shall not be confirmed, but after verification if it is found that petitioner has antecedent of three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Guddu Chauhan v. The State of Bihar

Case brief

What is this about?

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Guddu Chauhan v. The State of Bihar

Case brief

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