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Patna High Court

Ganesh Kumar Choudhary @ Ganesh Kumar Choudhery @ Ganesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Ganesh Kumar Choudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not caught in possession of liquor, was not the owner of the seized vehicle, and was implicated solely on a confessional statement made by Md. Sharif while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and a further verification of the petitioner’s criminal antecedents. If the verification shows more than two prior cases, the bail will not be confirmed; if exactly two, it will be confirmed, and the petitioner must also deposit Rs.5,000 with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement recorded in police custody has evidentiary value for bail considerations.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • excise law
  • Section 30(a)
  • Section 482(2)
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5874 of 2026
                    Arising Out of PS. Case No.-499 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Ganesh Kumar Choudhary @ Ganesh Kumar Choudhery @ Ganesh Kumar
                 Son of Late Suresh Choudhery @ Suresh Choudhary Resident of Village-
                 Bairbanna, Passi Tola, Ward No. 34, Purnea City, P.S.- Sadar, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Pandey
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases, out of which, one case is

                   under the Excise Act and allegation is of recovery of 8.1 litres of

                   liquor from a Toto vehicle. 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 Md. Sharif in police custody which does not have
Patna High Court CR. MISC. No.5874 of 2026(2) dt.03-02-2026
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          any evidentiary value. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees ten 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 Sadar

          P.S. (Purnea) P.S. Case No.499/2025, 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 more than

          two cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.5874 of 2026(2) dt.03-02-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.5000/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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