Patna High Court
Amrit Chauhan @ Pahari @ Sudhanshu RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Amrit Chauhan sought anticipatory bail after learning that he might be arrested in a case involving alleged recovery of 1,260 litres of liquor and offences under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. He argued that no liquor was found in his possession, the recovery was from other persons, and the case relied on a confessional statement made by an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing his antecedent of five prior cases. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 and two sureties of the same amount, subject to verification of his criminal antecedent by the trial court. If the trial court finds more than five prior cases, the bail will not be confirmed; if only five, the provisional order will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his criminal antecedent and the nature of the alleged offences
- Whether the confessional statement of an accused in police custody can form the basis for arrest
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 115(2), 126(2), 132, 262, 263, 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedent
- confessional statement
- excise law
- bail conditions
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.465 of 2026
Arising Out of PS. Case No.-562 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Amrit Chauhan @ Pahari @ Sudhanshu Ranjan Son of Nand Kumar Singh @
Nand Kumar Chauhan Resident of Village- Dharupur, P.S.- Bikramganj,
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 offences punishable under Sections 126(2),
115(2), 109, 262, 263, 132 and 3(5) of the BNS as well as
Sections 30(a) and 45 of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases and allegation is of
recovery of 1.260 litres of liquor from Ravi Kumar and Prince
Kumar.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from Ravi Kumar and Prince Kumar with whom
Patna High Court CR. MISC. No.465 of 2026(2) dt.17-01-2026
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petitioner has no concern or relation. It is further submitted that
petitioner came to be implicated based on the confessional
statement of apprehended accused in police custody which does
not have any evidentiary value in the eye of law. It is submitted
that the police off late have started mechanically implicating
person with criminal antecedent in excise cases without holding
a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.25,000/- (Rupees Twenty-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 Bikramganj P.S. Case No. 562 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.465 of 2026(2) dt.17-01-2026
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it is found that petitioner has antecedent of more than five cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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