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Patna High Court

Taraiya @ Krishna Kumar ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Taraiya @ Krishna Kumar Chauhan, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged involvement in the illegal trade of liquor, based solely on a co‑accused’s confessional statement. The petitioner argued that no material evidence was recovered from his possession and that the confessional statement of the co‑accused had no evidentiary value, also contending that procedural requirements under Section 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) were not complied with. The State opposed anticipatory bail, highlighting the petitioner’s five prior similar offences. The court examined the lack of direct evidence against the petitioner and the relevance of his criminal antecedents, and, applying Section 482(2) of the B.N.S.S., granted anticipatory bail with a cash bond and surety conditions. The order was conditioned on the petitioner surrendering within six weeks if arrested.

Issues considered

  • Whether anticipatory bail can be granted in the absence of direct material evidence against the petitioner.
  • Whether a co‑accused’s confessional statement can be the sole basis for denying anticipatory bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • illegal liquor
  • prior convictions
  • Section 30(a)
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 34720 of 2026
                      Arising Out of PS. Case No.-89 Year-2026 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Taraiya @ Krishna Kumar Chauhan S/O Late Dadan Chauhan R/O Village /
                 At- New Area, Near Kaali Mandir, Ward No.17, P.S.- Dehri Town, District-
                 Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Javed Aslam, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   20-05-2026                  The matter has been taken up today through video

                   conferencing.

                                2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                               3. The Petitioner is apprehending his arrest in

                   connection with Dehri Town P.S. Case No. 89 of 2026 registered

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                4. As per the prosecution case, total quantity of 216

                   litres of illicit country-made liquor was recovered from the

                   tempo, and the apprehended co-accused, namely, Ghanshyam

                   Paswan, disclosed the name of the petitioner alleging his

                   involvement in the illegal trade of liquor.
Patna High Court CR. MISC. No. 34720 of 2026(2) dt.20-05-2026
                                            2/3




                       5. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that the name of the

          petitioner has transpired in the confessional statement of

          apprehended co-accused person made before the police while in

          police custody, which has got no evidentiary value in the eye of

          law and except the confessional statement of the co-accused

          there is no material on record against the petitioner. It has

          further been submitted that no incriminating article has been

          recovered from the possession of the petitioner. It has also been

          submitted that the procedure prescribed under Section 105 of

          the B.N.S.S. has not been followed. Lastly, it has been

          submitted that the petitioner has got five criminal antecedents,

          in all of which he is on bail.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submitted that the petitioner has got five criminal antecedents of

          similar nature of offence, which indicates that he is a habitual

          offender.

                       7. Heard the parties and perused the record.

                       8. Considering the aforesaid facts and circumstances

          of the case and in view of nature of material against the
              Patna High Court CR. MISC. No. 34720 of 2026(2) dt.20-05-2026
                                                          3/3




                        petitioner, let the above named petitioner, in the event of his

                        arrest/surrender within a period of six weeks from today, be

                        enlarged on anticipatory bail on furnishing bail-bonds of Rs.

                        10,000/- (Rupees ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned court concerned,

                        Rohtas, in connection with Dehri Town P.S. Case No. 89 of

                        2026 subject to the conditions as laid down under Section

                        482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                     9. This application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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