Patna High Court
Chandrama Kumar @ Durdara @ DurduraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with bail conditions.
Summary
Chandrama Kumar, accused under Section 30(a) of the Bihar Excise Act for allegedly recovering 45 litres of mahua from an auto, sought anticipatory bail claiming he was not arrested on the spot, had no possession of the seized goods, and was implicated solely on a confessional statement of another accused made in police custody. The petitioner argued that the confessional statement lacked evidentiary value and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It held that if the petitioner is found to have more than three prior cases, the bail would be cancelled; otherwise, the provisional bail would be confirmed. The order was made under the inherent powers of the Court under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under the Bihar Excise Act.
- Whether a confessional statement made by a co-accused in police custody can form the basis for implicating the petitioner.
- Whether the absence of possession and ownership of the seized vehicle negates the ground for arrest.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police procedure
- Bihar Excise Act
- Section 30(a)
- Criminal antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.307 of 2026
Arising Out of PS. Case No.-234 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Chandrama Kumar @ Durdara @ Durdura S/o Sita Ram Singh Resident of
Village - Pritampur, P.S.- Charpokhari, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 45 litres of of mahua from an Auto.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Chandan in police custody which does
not have any evidentiary value. It is further submitted that once
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an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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, 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.
15,000/- (Rupees Fifteen 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
Charpokhari P.S. Case No. 234 of 2025, subject to the
conditions as laid down under Section 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
in the event if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.307 of 2026(2) dt.15-01-2026
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anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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