Patna High Court
Vishal Kumar Chaudhary @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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