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Patna High Court

Dilip Chaudhary @ Dilip KumarversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with bail bond conditions.

Summary

The petitioner, Dilip Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly concealing 55 litres of liquor near a public ghat. He argued that no liquor was recovered from his possession, the alleged recovery site was public, and the police relied on a confessional statement made in custody, which he claimed lacked evidentiary value. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The order was made subject to the provisions of Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Act where the alleged offence is based on recovery of liquor from a public place and a confessional statement.
  • Whether the confessional statement made in police custody can be the sole basis for arrest.
  • What conditions, if any, should be imposed on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • confessional statement
  • possession of liquor
  • CrPC Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12322 of 2026
                      Arising Out of PS. Case No.-556 Year-2025 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Dilip Chaudhary @ Dilip Kumar S/O Rajendra Chaudhary R/O- Gosai Tola
                 Near Double Transformer, P.S- Patliputra, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Jiban Pd. Singh, Adv.
                                                  Mr. Bipin Kumar, Adv.
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                   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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 55 litres of liquor concealed in a

                   garbage near LCT ghat. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from

                   his conscious possession and even alleged recovery is from a

                   place which does not belong to the petitioner and is accessible

                   to public at large and he came to be implicated based on
Patna High Court CR. MISC. No.12322 of 2026(2) dt.27-02-2026
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          confessional statement of apprehended accused in police

          custody which does 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 through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees 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 Patliputra

          P.S. Case No.556/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

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

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.12322 of 2026(2) dt.27-02-2026
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                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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