Chandan Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37488 of 2026 Arising Out of PS. Case No.-310 Year-2026 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Chandan Chaudhary son of Fallu Chaudhary @ Falo Chaudhary Resident of Village - Bhadeja, Ps- Mufassil, Dist- Gaya 2.
Vijay chaudhary @ Vijay Kumar Son of Chandan Chaudhary Resident of Village - Bhadeja, Ps- Mufassil, Dist- Gaya 3.
Santosh Chaudhary Son of Rajesh Chaudhary Resident of Village - Bhadeja, Ps- Mufassil, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha For the Opposite Party/s :
Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-06-2026
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no.1 and 3 have antecedent of three cases under the Excise Act and petitioner no.2 has antecedent of two cases under the Excise Act and allegation is of recovery of 100 litres of liquor from a place near a Mango orchard. It is next submitted that petitioners were not arrested from the spot as
Patna High Court CR. MISC. No.37488 of 2026(2) dt.17-06-2026 2/3 such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioner and they came to be implicated based on confessional statement of apprehended accused 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 through chowkidar, local person, confessional statement or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, 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.15,000/- (Rupees fifteen thousand) 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 Excise Muffasil P.S. Case No.310/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
Patna High Court CR. MISC. No.37488 of 2026(2) dt.17-06-2026 3/3 thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 and 3 have antecedent of more than three cases and petitioner no.2 has antecedent of more than two cases, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T