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Patna High Court

Santu Choudhary @ Santu Chaudhary @ Sanatu ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Santu Choudhary, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged possession of 200 litres of liquor. He claimed a clean antecedent and argued that the alleged liquor was recovered from another individual, Amit Kumar, with whom he had no relation, and that the confession of Amit in police custody 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.500 each with two sureties, subject to verification of his criminal antecedent. If any antecedent is found, the bail would be cancelled; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Lawyers’ Association within two weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
  • Whether the confession of a co-accused in police custody can be the basis for denying anticipatory bail.
  • Whether the petitioner’s clean antecedent warrants grant of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • provisional bail
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5475 of 2026
                     Arising Out of PS. Case No.-79 Year-2025 Thana- Badem P.S. District- Aurangabad
                 ======================================================
                 Santu Choudhary @ Santu Chaudhary @ Sanatu Chaudhary S/O Dasrath
                 Choudhary R/O Village- Kajarian, P.S- N.T.P.C. Khaira, Distt.- Aurangabad.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar Pandey
                 For the Opposite Party/s :        Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 200 litres of liquor from possession of Amit

                   Kumar.

                                4. The 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 alleged

                   recovery is from Amit with whom petitioner has no concern or

                   relation and he came to be implicated based on confessional
Patna High Court CR. MISC. No.5475 of 2026(2) dt.02-02-2026
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          statement of Amit in police custody, which does not have any

          evidentiary value. It is reiterated and submitted that petitioner is

          a person with clean antecedent.

                       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.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

          Badem P. S. Case No.79 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

          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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.5475 of 2026(2) dt.02-02-2026
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                         in that event, the present 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.

                                      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.1500/- with

                         Lawyers’ Association, Patna High Court, Patna within a period

                         of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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