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Patna High Court

Ravesh Kumar Chaudhary @ Ramesh Chaudhary @ Ravesh Kumar ChpudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of criminal antecedent.

Summary

The petitioner, Ravesh Kumar Chaudhary, applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 1,364.250 litres of liquor from a truck. He contended that he was not arrested on the spot, had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated solely on a confessional statement of an accused in police custody, which he argued lacks evidentiary value. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The Court further directed that the trial court verify the petitioner’s criminal antecedent; if more than one prior case is found, the bail would not be confirmed, whereas if only one prior case is found, the bail would be confirmed. The order thus balances the petitioner’s right to liberty with the State’s interest in prosecuting the alleged excise offence.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged excise offences.
  • Whether a confessional statement of an accused in police custody can form the sole basis for implicating the petitioner.
  • Whether the petitioner’s lack of conscious possession and ownership of the seized vehicle affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • confessional statement
  • bail conditions
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Cr.P.C. Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1457 of 2026
                      Arising Out of PS. Case No.-524 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Ravesh Kumar Chaudhary @ Ramesh Chaudhary @ Ravesh Kumar
                 Chpudhary S/o Rambalak Chaudhary @ Balak Chaudhary R/o Vill.-
                 Beropatti, P.S.- Jandaha (Mahisaur), District- Vaishali
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  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 offences punishable under Sections 30(a) and

                   36 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 1364.250 litres of liquor from a

                   truck.

                                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 the seized vehicle and came to

                   be implicated based on the confessional statement of
Patna High Court CR. MISC. No.1457 of 2026(2) dt.21-01-2026
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          apprehended accused in police custody which does not have any

          evidentiary value in the eye of law. It is next submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, 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.5,000/- (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 Jandaha

          P.S. Case No. 524 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 more than one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.1457 of 2026(2) dt.21-01-2026
                                                       3/3




                     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 has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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