Patna High Court
Prince Kumar Chauhan @ Prince ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted under Section 438(2) of the CrPC, subject to verification of the petitioner’s antecedent and compliance with the conditions imposed by the Court.
Summary
Petitioner Prince Kumar Chauhan applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. The petitioner claimed he was not in possession of the seized liquor, that the vehicle involved was not his, and that the case against him relied on a confessional statement made by another person while in police custody, which he argued lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedent and compliance with Section 438(2) conditions. The order also required the petitioner to deposit Rs.2,500 with the Advocates’ Association. The application was allowed, with the proviso that if more than one prior case is found, the bail may be withdrawn.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under the Bihar Narcotic Substances Act and the Excise Act.
- Whether a confessional statement recorded in police custody can be the basis for denying anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Bihar Narcotic Substances Act
- confessional statement
- police custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3769 of 2026
Arising Out of PS. Case No.-16 Year-2025 Thana- MIRGANJ District- Gopalganj
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Prince Kumar Chauhan @ Prince Chauhan S/o Ramesh Chauhan @ Ramesh
Dinanath Chauhan R/o Village - Phatapur Tola, Digha, P.S - Mirganj, District
- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Shukla
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 317(5) of the B.N.S. and Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 06 litres of liquor from the
possession of Chand Babu, 2.600 litres of liquor from Fatehpur
tola and 27 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.3769 of 2026(2) dt.29-01-2026
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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 Rupesh in police custody, which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five 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 Mirganj P. S. Case No.16 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.3769 of 2026(2) dt.29-01-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.2500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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