Patna High Court
Vishal Chaudhary @ Vishal Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
2/3
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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