Patna High Court
Taraiya @ Krishna Kumar ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
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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