Patna High Court
CR. MISC./51863/2026 of Vijay Chaudhary Vs The State of Bihar on 24 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51863 of 2026 Arising Out of PS. Case No.-144 Year-2026 Thana- GAYA MUFASIL District- Gaya ====================================================== 1. Vijay Chaudhary S/O Late Deepak Chaudahry R/O Village- Bhadeja, P.S.- Mufassil, Dist.- Gaya
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51863 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- GAYA MUFASIL District- Gaya ======================================================
1.
Vijay Chaudhary S/O Late Deepak Chaudahry R/O Village- Bhadeja, P.S.- Mufassil, Dist.- Gaya Jee
2.
Kripa Shankar S/O Dayal Prasad @ Dayali Yadav R/O Village- Sikahar Baragendhar, P.S.- Buniyadganj, Dist.- Gaya Jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Vijay Kumar, Advocate
For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
24-07-2026
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 318(4), 112(2) amd 61(1) of the BNS, Section 11 of the Bengal Gambling Act, 1867 as well as Section Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 2.55 litres of liquor from a place near the gate of Ajay’s house and 22 vehicles parked near the gate were seized.
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.51863 of 2026(2) dt.24-07-2026
recovered from their conscious possession. It is further submitted that petitioners came to be implicated based on the fact that they are owner of the two seized vehicles. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and, thus, would create evidence against himself and, hence, would get implicated. It is also submitted that petitioners were completely unaware that their friend would misuse the vehicle in the manner as alleged who also fled from the spot.
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.500/- (Rupees Five Hundred) 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 Gaya Mufassil P.S. Case No. 144 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.
Patna High Court CR. MISC. No.51863 of 2026(2) dt.24-07-2026
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 petitioners have antecedent of even one case, 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 petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T