Santosh Chaudhary @ Santosh Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51827 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Santosh Chaudhary @ Santosh Kumar Chaudhary S/O Ashok Chaudhary R/O Rajendra College More , Bhagwan Bazar, P.S.- Bhagwan Bazar, Distt.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Harshvardhan For the Opposite Party/s :
Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2025
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 Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of ten cases under the Excise Act and allegation is of recovery of 9 litres of liquor from possession of Sujeet Kumar. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from Sujeet with whom petitioner has no concern or relation and he came to be implicated based on confessional statement of Sujeet in police custody which does not have any evidentiary value. It
Patna High Court CR. MISC. No.51827 of 2025(4) dt.18-12-2025 2/3 is next submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation either through chowkidar, local person, confessional statement or secret information.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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 Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty 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 Bhagwan Bazar P.S. Case No.128/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than 10 cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.51827 of 2025(4) dt.18-12-2025 3/3 on verification it is found that petitioner has antecedent of 10 cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T