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Patna High Court

Prince Kumar Chauhan @ Prince ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The application was allowed, with the proviso that if more than one prior case is found, the bail may be withdrawn.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

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
                 ======================================================
                 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
                                            2/3




          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
                                                           3/3




                         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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