Allowed¶21

Jitendra Chaudhary v. The State of Bihar

Patna HC29 Apr 2026CR. MISC./24874/2026

Case brief

AI extract

What is this about?

Anticipatory bail granted - Bihar Prohibition and Excise (Amendment) Act 2022, Ss. 30(a)/30(c) - 80 litres country-made liquor recovered from abandoned place - Excise Siwan P.S. Case No.91/2026 - bail bond Rs.30,000/- under S. 2(1)(d) BNSS 2023; conditions under S. 482(2) BNSS 2023; antecedent verification/cancellation condition - Cr. Misc. No.24874 of 2026, decided 29-04-2026 - Justice Dr. Anshuman - Patna High Court.

What did the court decide?

Anticipatory bail granted: release on arrest or surrender within 4 weeks on bail bond of Rs.30,000/- (Section 2(1)(d) BNSS, 2023) before Special Judge (Excise) Court No.2, Siwan, subject to conditions under Section 482(2) BNSS, 2023 and Trial Court verification of criminal antecedents. ¶21

Jitendra Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in connection with Excise Siwan P.S. Case No.91 of 2026 for the offence punishable under Sections 30(a) & 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be released on anticipatory bail.

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Court's answer

The Court directed that the petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of 4 weeks, on furnishing bail bond of Rs.30,000/- as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge (Excise) Court No.2, Siwan, in connection with Excise Siwan P.S. Case No.91 of 2026.

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Ratio / Principle

Further condition imposed: the Trial Court shall verify the criminal antecedent of the petitioner, and if at any stage the petitioner is found to have concealed his criminal antecedent, the Trial Court shall take step for cancellation of his bail bond.

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Key takeaways

Acceptance of bail bonds in terms of the order shall not be delayed for purpose of, or in the name of, verification.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.) granted anticipatory bail in Cr. Misc. No.24874 of 2026 (decided 29-04-2026) to the petitioner named in Excise Siwan P.S. Case No.91 of 2026, for offence under Sections 30(a) & 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, arising from alleged recovery of 80 litres of country-made liquor from an abandoned place. Petitioner's counsel submitted he was innocent, not present on the spot, his name transpired only from confessional statements of local villagers, the recovery was from an open place outside conscious possession, and his criminal antecedent was clean; the State APP opposing the prayer also conceded clean antecedents. Bail ordered on arrest/surrender within four weeks on bond of Rs.30,000/- (S. 2(1)(d), BNSS 2023) to the satisfaction of Special Judge (Excise) Court No.2, Siwan, subject to S. 482(2) BNSS 2023 conditions; Trial Court to verify antecedents and cancel the bond if concealed, without delaying acceptance of bail bonds for verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24874 of 2026

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Arising Out of PS. Case No.-91 Year-2026 Thana- Excise P.S. District- Siwan

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

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Jitendra Chaudhary S/o Late Ramram Chaudhari Resident of Village - Hasanpura Pasi Tola, ward no. 15, P.S. - M.H. Nagar, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr.Sanjay Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

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2 29-04-2026

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Heard Learned Counsel for the petitioner and

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Learned A.P.P for the State.

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The petitioner is apprehending arrest in connection with Excise Siwan P.S. Case No.91 of 2026, for the offence punishable under Sections 30(a) & 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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As per the prosecution, the total recovery of 80 litres of country-made liquor have been alleged to be made from a abandon place, which is the subject matter of the present case.

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Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only due to confessional statement of local villagers. He further submits that criminal antecedent of the petitioner is clean. He further submits that the alleged recovery has been made from open place and nothing has been

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Patna High Court CR. MISC. No.24874 of 2026(2) dt.29-04-2026 2/2

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recovered from conscious possession of the petitioner.

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Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

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As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge (Excise) Court No.2, Siwan, in connection with Excise Siwan P.S. Case No.91 of 2026, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023

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And further condition that the Trial Court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the Trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Dr. Anshuman, J)

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Aman Kumar/-

Jitendra Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Chaudhary v. The State of Bihar

Case brief

What is this about?

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What the court decided

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