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Patna High Court

Raju Chaurasiya @ Raju Kumar ChaurasiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions under Section 438(2) Cr.P.C. and verification of his criminal antecedent.

Summary

The petitioner, Raju Chaurasiya, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 345.600 litres of liquor from a Bolero pick‑up. He contended that he was not arrested on the spot, did not have the liquor in his conscious possession, was not the owner of the vehicle, and was implicated solely on a confessional statement made by Lal Mohan Mukhiya while in police custody. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the confirmation of bail on the trial court’s verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one, it will be confirmed forthwith.

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 in police custody suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • seizure of liquor
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89314 of 2025
                      Arising Out of PS. Case No.-56 Year-2025 Thana- SUKHANI District- Kishanganj
                 ======================================================
                 Raju Chaurasiya @ Raju Kumar Chaurasiya S/o Mahavir Chaurasiya R/o vill
                 - Bhandarisome, P.S.- Manigachi, Distt.- Darbhanga
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dilip Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Dilip Kumar No. 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 345.600 litres of liquor from a

                   Bolero Pick-up.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Lal Mohan

                   Mukhiya in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.89314 of 2025(3) dt.22-01-2026
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          value in the eye of law. It is next submitted that once an accused

          is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       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, let 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 Special

          Case No. 280 of 2025 arising out of Sukhani P.S. Case No. 56 of

          2025, 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 petitioner and if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.89314 of 2025(3) dt.22-01-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

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

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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