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Patna High Court

Binod Choudhary @ Vinod ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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