Patna High Court
Ganesh Kumar Choudhary @ Ganesh Kumar Choudhery @ Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
2/3
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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