Patna High Court
Umesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Umesh Chaudhary, was implicated in an excise case (PS No. 477 of 2025) for alleged possession of 50 litres of liquor and 400 litres of fermented Jawa Mahua, alleged under Sections 30(a), 30(c) and 32(3) of the Bihar Excise Act. The petitioner argued that the liquor was recovered from a joint family house, he was not caught in possession, and the case relied on a confessional statement of another accused taken in police custody, which he claimed lacked evidentiary value. He sought anticipatory bail, contending that the police mechanically implicated him without proper investigation. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs. 40,000 with two sureties and ordered verification of the petitioner’s criminal antecedent. The order stipulated that if more than eight prior cases are found, the bail would not be confirmed; if exactly eight are found, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in the present excise case under Section 482(2) of the BNSS.
- Whether the reliance on a confessional statement of another accused, without recovery from the petitioner’s conscious possession, suffices to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent (more than eight cases) affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offences
- confessional statement
- joint family property
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67324 of 2025
Arising Out of PS. Case No.-477 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Umesh Chaudhary S/o- Late Rameshwar Chaudhary Resident of Village-
Dindyalpur PS- GB Nagar Tarwara, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 30(a),
30(c) and 32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases under the excise act and
allegation is of recovery of 50 liters of liquor along with 400
liters of fermented Jawa Mahua from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.67324 of 2025(3) dt.07-01-2026
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the house or the liquor kept in the house was within his
knowledge and he came to be implicated based on confessional
statement of apprehended accused in police custody which does
not have 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 at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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, 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.
40,000/- (Rupees Forty 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 Siwan
Excise P.S. Case No. 477 of 2025 subject to the conditions as
laid down under Section 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
Patna High Court CR. MISC. No.67324 of 2025(3) dt.07-01-2026
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in the event if it is found that petitioner has antecedent of more
than eight cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of eight
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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