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Ramu Chaudhary v. The State of bihar

Patna HC22 Apr 2026CR. MISC./26367/2026

Case brief

AI extract

What is this about?

Provisional anticipatory bail; Section 30(a) Bihar Excise Act; Section 482(2) BNSS conditions; Doriganj P.S. Case No. 370 of 2025, District Saran; recovery of 16 liters of liquor from bamboo orchard; conscious possession dispute; implication by Chowkidar on inimical terms; criminal antecedent verification by Trial Court; concealment of antecedents presumption; bail bond Rs. 10,000 with two sureties; surrender within six weeks; Patna High Court CR. MISC. No.26367 of 2026; Satyavrat Verma, J.

What did the court decide?

Provisional anticipatory bail: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each upon arrest or surrender within six weeks, subject to Section 482(2) BNSS conditions; confirmation of bail dependent on Trial Court verification that antecedents do not exceed two cases.

Ramu 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, who apprehends arrest in Doriganj P.S. Case No. 370 of 2025 registered for offence under Section 30(a) of the Bihar Excise Act, should be granted anticipatory bail.

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Court's answer

In the event of his arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

The learned Trial Court shall thereafter verify the petitioner's criminal antecedents: if found to exceed two cases, it will be presumed the petitioner concealed his antecedents and the provisional anticipatory bail shall not be confirmed; if only two cases are found, the provisional anticipatory bail shall be confirmed forthwith.

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Detailed headnote1 paragraphs

ANTICIPATORY BAIL - PROVISIONAL GRANT WITH ANTECEDENT-VERIFICATION CONDITION: Patna High Court (Satyavrat Verma, J) granted provisional anticipatory bail to the petitioner apprehending arrest in Doriganj P.S. Case No. 370 of 2025 under Section 30(a) of the Bihar Excise Act (alleged recovery of 16 liters of liquor from a bamboo orchard near his house). Petitioner to be released if arrested or surrendered before the Trial Court within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS. Confirmation made conditional on Trial Court verification of criminal antecedents: more than two cases would raise a presumption of concealment of antecedents before the High Court and the provisional bail shall not stand confirmed; two cases only would lead to confirmation forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26367 of 2026

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Arising Out of PS. Case No.-370 Year-2025 Thana- DORIGANJ District- Saran

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

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Ramu Chaudhary S/O Late Jagadish Chaudhary R/O Village- Mahaddipur, P.s- Doriganj, District- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Yogendra Kumar Singh

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

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 22-04-2026

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

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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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Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 16 liters of liquor from a bamboo orchard near the house of the petitioner.

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Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner, but then is adjacent to his house and he came to be implicated at

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Patna High Court CR. MISC. No.26367 of 2026(2) dt.22-04-2026 2/3

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the instance of Chowkidar with whom he is on an inimical term. It is also submitted that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.

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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 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. 10000/- (Rupees Ten 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 Doriganj P.S. Case No. 370 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 more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his

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Patna High Court CR. MISC. No.26367 of 2026(2) dt.22-04-2026 3/3

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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 antecedent of two cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Ramu Chaudhary v. The State of bihar

Case brief

What is this about?

What did the court decide?

Ramu Chaudhary v. The State of bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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