Patna High Court
Durga Chaudhary @ Durga Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Durga Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 145.26 litres of liquor from a vehicle not owned by him. He argued that the case was based solely on a confessional statement made by another individual in police custody, which he claimed lacked evidentiary value, and that no liquor was recovered from his possession. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs.40,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If the petitioner is found to have more than eight prior cases, the bail may be revoked; if exactly eight, the bail will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confessional statement made in police custody can form the sole basis for arrest.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police procedure
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35630 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- BHAPTIAHI District- Supaul
======================================================
Durga Chaudhary @ Durga Kumar Chaudhary S/O Ramdev Chaudhary R/O
Village-Sohagpur, Ward no.4, P.S.-Kishanpur, District-Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Shadab Alam Wazdi
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases, out of which, six cases
are under the Excise Act and allegation is of recovery of 145.26
litres of liquor from a car. It is next submitted that 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 Sanjeev in police custody which does not have any
evidentiary value. It is also submitted that once an accused is
Patna High Court CR. MISC. No.35630 of 2026(3) dt.25-06-2026
2/3
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.40,000/- (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 Bhaptiyahi P.S. Case No.01/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
eight cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.35630 of 2026(3) dt.25-06-2026
3/3
on verification it is found that petitioner has antecedent of eight
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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