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Patna High Court

Pramod Kumar Chaudhary @ PramodversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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

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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