Created by Fuzzy Cloud

Patna High Court

Amit ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.