Patna High Court
Ravesh Kumar Chaudhary @ Ramesh Chaudhary @ Ravesh Kumar ChpudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
2/3
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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