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Patna High Court

Durga Chaudhary @ Durga Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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/-

U        T


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