Allowed¶21

Dhanoj Choudhary v. The State of Bihar

Patna HC23 Jun 2026CR. MISC./39954/2026

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Section 30(a) Bihar Excise Act; Section 482(2) BNSS; recovery of 8 liters of liquor from motorcycle; owner of seized vehicle implicated; son Lav apprehended from spot; clean antecedent verification before confirmation; bail bond Rs. 500 with two like sureties; Ara Town P.S. Case No. 57 of 2026; Ara Nagar, Bhojpur, Bihar; Patna High Court Criminal Miscellaneous No. 39954 of 2026; Satyavrat Verma, J.; dated 23-06-2026.

What did the court decide?

Provisional anticipatory bail upon arrest or surrender before the learned Trial Court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions, with confirmation contingent on Trial Court verification of criminal antecedents. ¶21

Dhanoj Choudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the petitioner, who apprehends arrest in Ara Town P.S. Case No. 57 of 2026 registered for offences punishable under Section 30(a) of the Bihar Excise Act, should be released on anticipatory bail.

¶15

Court's answer

In the event of 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. 500/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

¶21

Ratio / Principle

The learned Trial Court shall verify the criminal antecedent of the petitioner; if antecedent of even one case is found, it would be presumed that the petitioner concealed his antecedent for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

¶22

Key takeaways

If, after verification, the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Satyavrat Verma, J., order dated 23-06-2026) grants PROVISIONAL anticipatory bail to a petitioner apprehending arrest in Ara Town P.S. Case No. 57 of 2026 registered under Section 30(a) of the Bihar Excise Act, where the allegation is recovery of 8 liters of liquor from a motorcycle; counsel submitted the petitioner was not apprehended from the spot, nothing was recovered from his conscious possession, and his son Lav misused the seized vehicle. Directions: release on provisional anticipatory bail upon arrest or surrender within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS; the Trial Court to verify criminal antecedents - if antecedent of even one case is found, concealment is presumed and the provisional order shall not be confirmed; if clean antecedent is verified, the provisional order shall be confirmed forthwith.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39954 of 2026

¶2

Arising Out of PS. Case No.-57 Year-2026 Thana- ARA NAGAR District- Bhojpur

¶3

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

¶4

Dhanoj Choudhary Son of Jaglal Choudhary Resident of Village- Chhotki Sanadia, P.O.- Ratanpur, P.S.- Ara Muffasil, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

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

¶10

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Bishweshwar Ram ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶12

2 23-06-2026

¶13

Heard learned counsel for the petitioner and

¶14

learned A.P.P. for the State.

¶15

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

¶16

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 8 liters of liquor from a motorcycle.

¶17

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

¶18

Patna High Court CR. MISC. No.39954 of 2026(2) dt.23-06-2026 2/3

¶19

create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that his son, Lav, would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

¶20

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

¶21

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. 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 Ara Town P.S. Case No. 57 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.

¶22

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 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 is a

¶23

Patna High Court CR. MISC. No.39954 of 2026(2) dt.23-06-2026 3/3

¶24

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

¶25

(Satyavrat Verma, J)

¶26

Rishabh/-

¶27

U T

Dhanoj Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dhanoj Choudhary 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

Case details

Similar cases

Syed Faiz Ahmad @ Syed Faiz Vs The State of Bihar

Pinki Kumari Vs The State of Bihar

Ashok Paswan Vs The State of Bihar

Vikash Kumar Yadav @ Vikash Yadav Vs The State of Bihar

Ramchandra Prasad Gupta Vs The State of Bihar

Santosh Ram Sah @ Santosh Ram Vs The State of Bihar