Patna High Court
Chiku Chaudhary @ Amit Chaudhary @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions under Section 482(2) of the BNSS and verification of the petitioner’s antecedent.
Summary
The petitioner, Chiku Chaudhary, was implicated in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for the alleged recovery of 5,637.880 litres of liquor from a truck. He was not arrested on the spot, no liquor was found in his possession, and he is not the owner of the vehicle; the allegation rests on a confessional statement of another accused in police custody. The petitioner, who has three prior criminal cases, sought anticipatory bail, arguing that the confessional statement lacks evidentiary value and that the police mechanically target persons with antecedents. The court granted provisional anticipatory bail on the condition of a Rs.15,000 bail bond with two sureties, verification of his antecedent within six weeks, and a further deposit of Rs.2,500 with the Advocates’ Association, subject to Section 482(2) of the BNSS. The bail will be confirmed only if the verification shows he has no more than three prior cases; otherwise the order will lapse.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case and his criminal antecedent
- Whether the confessional statement of another accused can form a basis for arrest without further corroboration
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69354 of 2025
Arising Out of PS. Case No.-253 Year-2022 Thana- BIHRA District- Saharsa
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Chiku Chaudhary @ Amit Chaudhary @ Amit Kumar S/o Shivendra Prasad
Chaudhari R/o Village- Triveniganj, P.S.- Bihra, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parth Sarthy
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 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) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases and allegation is of
recovery of 5637.880 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
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 apprehended-accused in police
custody which does not have any evidentiary value. It is next
Patna High Court CR. MISC. No.69354 of 2025(2) dt.30-01-2026
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submitted that of late police in a mechanical manner implicates
accused who are having antecedent.
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. 15,000/- (Rupees
Fifteen 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 Bihra P.S. Case No.
253 of 2022, 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 in the
event if it is found that petitioner has antecedent of more than
three 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 three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
Patna High Court CR. MISC. No.69354 of 2025(2) dt.30-01-2026
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8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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