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Patna High Court

Arun ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedent.

Summary

The petitioners, Arun Chaudhary and Nanki Chaudhary, feared arrest in a case registered under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act for allegedly recovering 95 litres of liquor and 500 litres of Jawa Mahua solution from a bamboo orchard that was later destroyed. They contended that they have clean antecedents, were not in possession of the seized liquor, do not own the orchard, and that the only evidence against them is a confessional statement made by Ranjit Kumar while in police custody, which they argued lacks evidentiary value. The State opposed their request for anticipatory bail. The Court, after considering the submissions, granted the petitioners provisional anticipatory bail on the condition that they furnish bail bonds of Rs.500 each with two sureties, and that the trial court verify their criminal antecedent within six weeks. If any prior case is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed immediately. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of a co‑accused made in police custody can be the sole basis for denying anticipatory bail.
  • Whether the petitioners’ alleged lack of ownership and possession of the seized liquor affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • criminal antecedent
  • Section 438 Cr.P.C.
  • Section 482 BNSS
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7340 of 2026
                      Arising Out of PS. Case No.-3 Year-2026 Thana- PAUTHU District- Aurangabad
                 ======================================================
           1.     Arun Chaudhary Son of Arjun Chaudhary @ Arjan Chaudhary Resident of
                  Village - Bhetaniya Makhmulpur PS - Paithu District - Aurangabad Bihar
           2.     Nanki Chaudhary son of Bhagavan Chaudhari @ Bhagavan Chaudhary
                  Resident of Village - Bhetaniya Makhmulpur PS - Paithu District -
                  Aurangabad Bihar
                                                                      ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rupa Kumari, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a),

                   30(c) and 30(d) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 95 litres of liquor from a bamboo orchard along

                   with 500 litres of Jawa Mahua Solution which was destroyed.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged

                   recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.7340 of 2026(2) dt.19-02-2026
                                            2/3




          petitioners and is accessible to villagers at large. It is further

          submitted that petitioners are not the owner of the bamboo

          orchard and came to be implicated based on the confessional

          statement of Ranjit Kumar in police custody which does not

          have any evidentiary value in the eye of law.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their arrest or surrender within a period of six

          weeks from today, be released on provisional anticipatory bail

          on furnishing bail bonds of Rs.500/- (Rupees Five Hundred)

          each 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 Pauthu P.S. Case No. 03 of 2026,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioners and

          if it is found that petitioners have antecedent of even one case, it

          would be presumed that petitioners had concealed their

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.7340 of 2026(2) dt.19-02-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioners are persons with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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