Patna High Court
CR. MISC./57159/2026 of Jaiprakash Chaudhary @ Prakash Chaudhary Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57159 of 2026 Arising Out of PS. Case No.-477 Year-2026 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1. Jaiprakash Chaudhary @ Prakash Chaudhary S/o Nawratna Choudhary @ Narodan Chaudhary @
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57159 of 2026
Arising Out of PS. Case No.-477 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
1.
Jaiprakash Chaudhary @ Prakash Chaudhary S/o Nawratna Choudhary @
Narodan Chaudhary @ Nagendra Choudhari @ Narendra Chaudhary R/V- Daulatganj, PS- Bhagwan Bazar, District -Saran at Chapra
2.
Dawarika Choudhary S/o Nawratna Choudhary @ Narodan Chaudhary @
Nagendra Choudhari @ Narendra Chaudhary R/V- Daulatganj, PS- Bhagwan Bazar, District -Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s :
Mr. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
18-08-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case under the Excise Act and petitioner no. 2 has antecedent of two cases under the Excise Act and allegation is of recovery of 49.6 litres of liquor from a street near Gandhi School.
4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was Patna High Court CR. MISC. No.57159 of 2026(2) dt.18-08-2026
recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated based on the confessional statement of Rajesh Kumar in police custody which does not have any evidentiary value in the eye of law.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each 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 Bhagwan Bazar (B. Bazar) P.S. Case No. 477 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and if it is found that petitioner no. 1 has antecedent of more Patna High Court CR. MISC. No.57159 of 2026(2) dt.18-08-2026
than one case and petitioner no. 2 has antecedent of more than two cases, it would be presumed that petitioners had concealed their antecedent before this Court, at para 3 of the anticipatory bail application, in that event, the provisional anticipatory bail order shall not be confirmed, but, if it is found on verification that petitioner no. 1 has antecedent of only one case and petitioner no. 2 has antecedent of only two cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T