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Patna High Court

Rajkumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Summary

The petitioner, Rajkumar Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 450 litres of liquor from three motorcycles. He argued he had no prior criminal record, was not in possession of the liquor, did not own the vehicles, and the case was based solely on a confessional statement of a co-accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with the condition that the trial court verify the petitioner’s antecedent within six weeks. If any prior case is found, the bail may be revoked; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the confessional statement of a co-accused in police custody can form a basis for denying anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • confessional statement
  • clean antecedent
  • bail bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1155 of 2026
                         Arising Out of PS. Case No.-163 Year-2025 Thana- Gurupa District- Gaya
                 ======================================================
                 Rajkumar Chaudhary S/o Basudev Chaudhary R/o Village- Parsatari, P.S.-
                 Chauparan, District- Hazaribag, Jharkhand
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vishwa Ranjan Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 450 litres of liquor from three different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of any of the seized vehicles and came to

                   be implicated based on the confessional statement of Bablu 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 petitioner.
           Patna High Court CR. MISC. No.1155 of 2026(2) dt.20-01-2026
                                                       2/2




                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, let the petitioner above-named, in the event

                     of his arrest or surrender before the learned trial court within a period

                     of six weeks from today, be released on provisional anticipatory bail

                     on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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 Gurpa P.S. Case No. 163 of 2025, subject to the conditions as

                     laid down under Section 438 (2) of the Cr.P.C./482(2) of the BNSS.

                                  7. It is made clear that thereafter the learned trial court

                     shall verify the criminal antecedent of the petitioner and if it is found

                     that petitioner has antecedent of even one case, it would be presumed

                     that petitioner had concealed his 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 is a person with clean antecedent in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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