Patna High Court
SANJEEV CHAUDHARY @ SHIVNATH CHODHARIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions.
Summary
Sanjeev Chaudhary applied for anticipatory bail in a case registered under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act, alleging recovery of liquor from his semi‑constructed house and from another person's house. The petitioner argued that he was not arrested, no liquor was found in his possession, and the case was based on a confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail may be revoked; otherwise, it will be confirmed. The order was made under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted in offences punishable under Sections 274, 275 of the B.N.S. and Section 30(a) of the Excise Act.
- Whether the confessional statement recorded in police custody is admissible for the purpose of denying bail.
- Whether the absence of arrest and lack of possession of liquor justify the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 274, 275, 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise offences
- liquor seizure
- confessional statement
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84678 of 2025
Arising Out of PS. Case No.-185 Year-2025 Thana- ARERAJ District- East Champaran
======================================================
SANJEEV CHAUDHARY @ SHIVNATH CHODHARI Son of Aklu
Chaudhary R/o Vill.- Areraj Shukul Tola, Ward No.- 08, P.S.- Areraj, District -
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274 and 275 of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 37 litres of liquor from a semi constructed house of
the petitioner and 06 litres of liquor from house of Vijay Malik.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and the house is under
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construction, as such, no one is living in the house. It is also
submitted that it appears that someone inimical to the family
concealed meager amount of liquor with a view to implicate the
entire family members. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically. It is next submitted that no prudent
person would use his own premises for committing a crime and
thus, would create evidence against himself and hence, would
get implicated and he came to be implicated based on
confessional statement of Mitra Asashik in police custody,
which does not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five 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 Areraj P. S. Case No.185 of 2025, subject to the conditions
Patna High Court CR. MISC. No.84678 of 2025(2) dt.05-01-2026
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laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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