Patna High Court
Krishna Choudhary @ Krishn ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The application for anticipatory bail is allowed, granting provisional bail subject to conditions and verification of antecedent.
Summary
The petitioner, Krishna Choudhary, 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 31 litres of liquor. He argued that he has a clean antecedent, that the alleged liquor was recovered from a place not belonging to him, and that the only evidence against him is a confessional statement made by his brother while in police custody, which he contended lacks evidentiary value. The State opposed the anticipatory 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 Section 438(2) CrPC conditions. The order also required the petitioner to deposit Rs.1,500 with the Lawyers’ Association, Patna High Court, and stipulated that if any antecedent is discovered, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether a confessional statement made by a co-accused in police custody is admissible for granting bail.
- Whether the petitioner’s clean antecedent warrants provisional 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
- confessional statement
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2846 of 2026
Arising Out of PS. Case No.-323 Year-2025 Thana- SILAO District- Nalanda
======================================================
Krishna Choudhary @ Krishn Choudhary S/o Late Baleshwar Choudhary R/o
Village - Nanand, P.S - Silao, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 31 litres of liquor from a place near a Banyan tree
and possession of other co-accused persons.
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 place, which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.2846 of 2026(2) dt.28-01-2026
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his brother 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
Silao P. S. Case No.323 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,
in that event, the present provisional anticipatory bail order shall
Patna High Court CR. MISC. No.2846 of 2026(2) dt.28-01-2026
3/3
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.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Lawyers’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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