Patna High Court
Pramod Kumar Chaudhary @ PramodversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail subject to verification of antecedents, as the allegations rest on inadmissible confessional statements and there is no evidence of possession.
Summary
Petitioner Pramod Kumar Chaudhary feared arrest in a case under the Bihar Prohibition and Excise Act for alleged recovery of 70 litres of spirit from a car. He asserted that he was not the owner of the vehicle, no spirit was found in his possession, and the case was based solely on confessional statements of co‑accused made in police custody, which lack evidentiary value. The State opposed his request for anticipatory bail. The Court examined the petitioner's clean antecedent, the absence of direct possession, and the inadmissibility of the confessional statements, and consequently granted provisional anticipatory bail subject to a modest bond and sureties. The order is conditioned on verification of the petitioner's criminal antecedents; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in view of the allegations under the Bihar Prohibition and Excise Act.
- Whether the confessional statements of co‑accused made in police custody can form a basis for denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 33, 34, 36, 41(1)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statements
- clean antecedent
- bail bond
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36093 of 2026
Arising Out of PS. Case No.-17 Year-2021 Thana- VAISHALI District- Vaishali
======================================================
Pramod Kumar Chaudhary @ Pramod S/o Late Ram Vinay Choudhary R/o
Village- Bakhra, P.S- Bakhra, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Preeti Pundir
For the Opposite Party/s : Mr. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 Sections 30(a),
41(1), 33, 34 and 36 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 70 litres of spirit 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 apprehended accused Amresh and
Chandan in police custody which does not have any evidentiary
value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.36093 of 2026(2) dt.29-06-2026
2/2
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.500/- (Rupees five hundred) 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 Vaishali P.S. Case No.17/2021, 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 even one
case, 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
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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