Patna High Court
Sundar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents, with confirmation contingent on the antecedent check.
Summary
The petitioner, Sundar Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 50 litres of liquor. He argued that the liquor was seized from a location not belonging to him and that the case was based solely on a confessional statement made by another accused, Vipin, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. It further stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one prior case exists, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a co-accused in police custody provides sufficient basis for arrest.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- police custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83159 of 2025
Arising Out of PS. Case No.-449 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Sundar Chaudhary S/O Late Mogal Chaudhary R/o Village- Akbarpur, hat
par, P.S.- Akbarpur, District- Nnawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar. Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 50 liters of liquor from a sack from a
place near Akbarpur.
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 even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
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Vipin in police custody which does not have any evidentiary
value. It is also 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.
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.
5,000/- (Rupees 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 Akbarpur
P.S. Case No. 449 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 one case then it would be presumed that petitioner, for the
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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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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