Patna High Court
Santosh Chaudhary @ Santosh Kumar 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
Santosh Chaudhary sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 2.250 litres of liquor recovered from Baleshwar Kumar. The petitioner, who has thirteen prior cases, argued that he was not caught in possession and that the case against him rests solely on a confessional statement made by Baleshwar while in police custody, which he claimed lacks evidentiary value. The State opposed the bail, contending that the allegations merit prosecution. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 65,000 with two sureties and appear before the trial court within six weeks. The order also directed the trial court to verify the petitioner’s criminal antecedent and to confirm the bail if the antecedent does not exceed thirteen cases, otherwise the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
- Whether the confessional statement of a co-accused made in police custody can form the basis for arrest without other evidence.
- Whether the petitioner’s prior criminal antecedent of thirteen cases affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police custody
- criminal antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69791 of 2025
Arising Out of PS. Case No.-130 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Santosh Chaudhary @ Santosh Kumar Chaudhary S/O Ashok Chaudhary R/O
Village- Rajendra College More, Bhagwan Bazar, P.S.- Bhagwan Bazar,
Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Harshvardhan
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of thirteen case and allegation is of
recovery of 2.250 litres of liquor from the possession of
Baleshwar Kumar.
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 he came to be
implicated based on confessional statement of Baleshwar in
Patna High Court CR. MISC. No.69791 of 2025(3) dt.07-01-2026
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police custody which does not have any evidentiary value. It is
further 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. It is also submitted that petitioner in similar
manner was earlier also implicated in different cases.
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.
65,000/- (Rupees Sixty-five 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
Bhagwan Bazar P.S. Case No. 130 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 in the
event if it is found that petitioner has antecedent of more than
thirteen case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.69791 of 2025(3) dt.07-01-2026
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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 thirteen case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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