Patna High Court
Khushnandan Chaudhary @ Damru ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Khushnandan Chaudhary, feared arrest in a case alleging offences under several sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Act, relating to the alleged recovery of 954 litres of liquor from a Scorpio vehicle. He contended that he was not caught in possession, was not the vehicle's owner, and the case was based solely on a confessional statement made by another person in police custody, which he argued lacked evidentiary value. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and appear before the trial court within six weeks. The order also stipulated that the trial court verify the petitioner’s criminal antecedent; if more than two prior cases are found, the bail will not be confirmed, whereas confirmation will follow if only two antecedent cases are discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Excise Act
- Whether the confessional statement of a co-accused in police custody can form the basis for denying anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 303(2), 317(5), 336(2), 336(3), 482(2)
Subjects
- anticipatory bail
- narcotic offences
- excise law
- confessional statement
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7532 of 2026
Arising Out of PS. Case No.-202 Year-2024 Thana- RAHIKA District- Madhubani
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Khushnandan Chaudhary @ Damru Chaudhary S/o Lalo Chaudhary R/o
Village - Gamhariya, P.S - Basopatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 336(2),
336(3), 303(2), 317(5), 274 and 275 of the BNS, 2023 read with
Sections 30(a) and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 954 liters of liquor from a Scorpio
vehicle.
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 is not the
owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.7532 of 2026(2) dt.23-02-2026
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confessional statement of Govind in police custody which does
not have any evidentiary value.
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.
10,000/- (Rupees Ten 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 Rahika
P.S. Case No. 202 of 2024 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 two 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 two
Patna High Court CR. MISC. No.7532 of 2026(2) dt.23-02-2026
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cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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