Created by Fuzzy Cloud

Patna High Court

Vishal Kumar Chaudhary @ Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the petitioner was not found in possession of the liquor or vehicle and the sole reliance on a co-accused’s confessional statement was deemed insufficient to justify continued detention.

Summary

Vishal Kumar Chaudhary was arrested in connection with the alleged recovery of 60 litres of liquor and seizure of a motorcycle, charged under Section 30(a) of the Bihar Excise Act. The petitioner argued that he was not caught in possession, was not the owner of the vehicle, and that the case against him was based solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. He had been in custody since 17 September 2025 and sought bail. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, directing compliance with the trial court’s conditions. The bail was granted pending further trial of the case.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act when the alleged offence is based solely on a co-accused’s confessional statement and no possession is established.

Subjects

  • bail
  • excise law
  • Section 30
  • confessional statement
  • possession
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1080 of 2026
                   Arising Out of PS. Case No.-298 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Vishal Kumar Chaudhary @ Vishal Kumar S/o- Dev Raj Chaudhary @ Kallu
                 Chaudhary R/v- Bank Colony, Ratnpura Ps- Bhagwan Bajar Dist- Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases under the excise act and

                   allegation is of recovery of 60 liters of liquor from a sack and a

                   motorcycle was seized.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated based on

                   confessional statement of Sanjay in police custody which does
            Patna High Court CR. MISC. No.1080 of 2026(2) dt.30-01-2026
                                                        2/2




                      not have any evidentiary value. It is also submitted that once an

                      accused is implicated in a case relating to excise, the police

                      starts implicating mechanically either at the instance of

                      Chowkidar, local person, confessional statement or secret

                      information without holding a proper investigation. It is next

                      submitted that petitioner is in custody since 17.09.2025.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      10,000/- (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 Bhagwan

                      Bazar P.S. Case No. 298 of 2025.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.