Patna High Court
Amit ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent, with confirmation contingent on the antecedent not exceeding eight cases.
Summary
The petitioner, Amit Choudhary, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41 and 47 of the Bihar Excise Act involving alleged recovery of 3,240 litres of liquor from a truck. He argued that he was not caught in possession, was not the owner of the truck, and the only link to the offence was a confessional statement made by a co‑accused, Umesh, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the petitioner has eight prior excise cases. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.40,000 with two sureties and that the trial court verify his criminal antecedent; if more than eight prior cases are found, the bail will not be confirmed. The order is made under Section 482(2) of the BNSS, pending verification of the antecedent.
Issues considered
- Whether anticipatory bail can be granted when the only evidence against the petitioner is a confessional statement made in police custody.
- Whether the petitioner’s prior eight excise cases affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 41, 47
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police custody
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31404 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- KARJA District- Muzaffarpur
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Amit Choudhary S/o Rameshwar Choudhary Resident of Village - Sukki, P.S.
- Patepur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 Sections 30(a), 41
and 47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases under the Excise Act and
allegation is of recovery of 3240 liters of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized truck and came to be implicated based on
confessional statement of Umesh in police custody which does
not have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.31404 of 2026(2) dt.12-05-2026
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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. It is also
submitted that petitioner earlier in similar manner came to be
implicated in cases relating to Excise.
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.
40000/- (Rupees Forty 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 Karja
P.S. Case No. 367 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 eight cases then it would be presumed that petitioner, for
Patna High Court CR. MISC. No.31404 of 2026(2) dt.12-05-2026
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the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of eight
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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