Patna High Court
Binod Choudhary @ Vinod ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Binod Choudhary, feared arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 20 litres of liquor from a bicycle. He was not caught in possession and the prosecution’s case relied on a confessional statement made by Shiv Kumar while in police custody, which the petitioner argued lacked evidentiary value. The petitioner sought anticipatory bail, contending that the investigation was mechanically initiated without proper inquiry. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bond of Rs. 35,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedent; if more than seven prior cases are found, the bail would not be confirmed. The order is subject to the conditions laid down under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case.
- Whether the confessional statement of Shiv Kumar, made in police custody, can form a basis for arrest.
- Whether the petitioner’s alleged antecedent of seven prior excise cases affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- police custody
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11822 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- Daudnagar Excise District- Aurangabad
======================================================
Binod Choudhary @ Vinod Chaudhary S/o Rameshwar Chaudhary R/o
Village - Raghunath Bigha, P.S- Haspura, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases under the excise act and
allegation is of recovery of 20 liters of liquor from a bicycle.
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 bicycle and came to be implicated based on
confessional statement of Shiv Kumar in police custody which
does not have any evidentiary value. It is also submitted that
Patna High Court CR. MISC. No.11822 of 2026(2) dt.24-02-2026
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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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
35,000/- (Rupees Thirty 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
Daudnagar Excise P.S. Case No. 42 of 2026 subject to the
conditions as laid down under Section 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
in the event if it is found that petitioner has antecedent of more
than seven cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.11822 of 2026(2) dt.24-02-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of seven
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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