Patna High Court
Sam Narayan Chaudhary @ Satya Narayan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sam Narayan Chaudhary, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of illicit liquor. The petitioner argued that he was not in actual possession of the liquor and that the case against him was based solely on a confessional statement of a co‑accused, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedent. The court clarified that if more than two prior cases are found, the bail may be revoked; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
- Whether a confessional statement of a co‑accused provides sufficient ground to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1489 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- Chakki District- Buxar
======================================================
Sam Narayan Chaudhary @ Satya Narayan Chaudhary Son of Late Kasinath
Chaudhary Resident of Village- Arak, Police Station-Krishna Braham,
District-Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Rai Sharma
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 53.6 litres of liquor from
possession of Sanjay and a bag allegedly thrown by Govind and
Satya Narayan Chaudhary.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.1489 of 2026(2) dt.21-01-2026
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recovery is from a person with petitioner has no relation or
concerned and he came to be implicated based on confessional
statement of Sanjay in police custody, which does not have any
evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten 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 Chakki P. S. Case No.111 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.1489 of 2026(2) dt.21-01-2026
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obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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