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Patna High Court

Santosh Chaudhary @ Santosh Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          3/3




                        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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