Allowed¶20

Suraj Kumar @ Suraj Chaudhary v. The State of Bihar

Patna HC8 Apr 2026CR. MISC./23106/2026

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Bihar Prohibition and Excise Act Section 30(a); BNSS Section 482(2); Gardanibagh P.S. Case No. 754 of 2025; recovery of 500 ml liquor; bail bond Rs. 500; two sureties; verification of criminal antecedents; concealment of antecedents; confirmation of provisional bail order; Suraj Kumar @ Suraj Chaudhary; State of Bihar; Patna High Court; CRIMINAL MISCELLANEOUS No.23106 of 2026; Satyavrat Verma.

What did the court decide?

Provisional anticipatory bail: on arrest or surrender within six weeks, release on bail bond of Rs. 500 with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; confirmation by the Trial Court subject to verification of clean criminal antecedents. ¶20

Suraj Kumar @ Suraj Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, who apprehends arrest in Gardanibagh P.S. Case No. 754 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail.

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Court's answer

On consideration of the submissions, the petitioner was directed to be released on provisional anticipatory bail: in the event of his arrest or surrender within six weeks, on furnishing bail bonds of Rs. 500 with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) BNSS.

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Ratio / Principle

The learned Trial Court was directed to verify the criminal antecedent of the petitioner.

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Key takeaways

If verification shows that the petitioner has antecedent of even one case, it would be presumed that he had concealed his antecedent for purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.ratio¶23
If, after verification, the petitioner is found to have clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J.) in Crl. Misc. No. 23106 of 2026 arising out of Gardanibagh (Patna) P.S. Case No. 754 of 2025 under Section 30(a) of the Bihar Prohibition and Excise Act: petitioner apprehending arrest over alleged recovery of 500 ml of liquor from his house directed to be released on provisional anticipatory bail, on arrest or surrender within six weeks, on a bail bond of Rs. 500 with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS. The Trial Court is to verify the petitioner's criminal antecedents: if even one prior case is found, the provisional order shall not be confirmed (concealment presumed); if antecedents are found clean, the provisional order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23106 of 2026

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Arising Out of PS. Case No.-754 Year-2025 Thana- GARDANIBAG District- Patna

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

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Suraj Kumar @ Suraj Chaudhary Son of Sri Brij Nandan Chaudhary @ Devanand Chaudhary R/v- Purani Damariya, P.S.- Gardanibagh, Distt.- Patna.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-04-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 500 ml of liquor from house of the petitioner.

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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 the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within his

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Patna High Court CR. MISC. No.23106 of 2026(2) dt.08-04-2026 2/3

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knowledge and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and he came to be implicated based on confessional statement of his mother in police custody which does not have any evidentiary value. It is also submitted that no mother would implicate his own son until pressurized.

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

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Gardanibagh P.S. Case No. 754 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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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 even one case then it would be presumed that petitioner, for the

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Patna High Court CR. MISC. No.23106 of 2026(2) dt.08-04-2026 3/3

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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 clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Gaurav Sinha/-

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U T

Suraj Kumar @ Suraj Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Kumar @ Suraj Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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