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Patna High Court

Vishal Chaudhary @ Vishal Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail should be granted, subject to verification of the petitioner’s antecedent and compliance with the conditions of Section 438(2) Cr.P.C.

Summary

The petitioner, Vishal Chaudhary, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 544.47 litres of liquor from a hut belonging to Manoj Kumar. The petitioner argued that he has a clean antecedent, was not present at the scene, and the allegation is based solely on a confessional statement made by Manoj Kumar while in police custody, which lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with conditions under Section 438(2) Cr.P.C. The application was allowed, with a clarification that if any antecedent is discovered, the provisional bail will not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act.
  • Whether a confessional statement made by a co-accused in police custody can be used to implicate the petitioner.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • clean antecedent
  • confessional statement
  • police custody
  • bail bonds

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1523 of 2026
                      Arising Out of PS. Case No.-852 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Vishal Chaudhary @ Vishal Kumar Chaudhary S/o Sunil Chaudhary @ Sunil
                 Kumar Chaudhary Resident of Village- Mauna Vishunpur, P.S.- Belser OP,
                 District- Vaishali presently residing at R/o Mohalla- Juran Chhapra Road No.
                 03, P.S.- Brahmapura, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anish Kumar
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2
                 ======================================================
                 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 is a person with clean antecedent and allegation is

                   of recovery of 544.47 litres of liquor from the hut of Manoj

                   Kumar.

                                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

                   recovery is from a hut, which does not belong to the petitioner
Patna High Court CR. MISC. No.1523 of 2026(2) dt.21-01-2026
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          and petitioner has no concern or relation with Manoj and he

          came to be implicated based on confessional statement of Manoj

          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.500/- (Rupees Five Hundred) 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

          Belser O.P. P. S. Case No.852 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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.1523 of 2026(2) dt.21-01-2026
                                                           3/3




                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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