Durga Chaudhary @ Durga Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.843 of 2026 Arising Out of PS. Case No.-219 Year-2025 Thana- KISHANPUR District- Supaul ====================================================== 1.

Durga Chaudhary @ Durga Kumar Chaudhary Son of Ramdev Chaudhary Resident of Village-Sohagpur, Ward no.4, P.S.-Kishanpur, District-Supaul. 2.

Milan Kumar Son of Kamleshwari Choudhary Resident of VillageKumarganj, Ward no.12, P.S.-Kishanpur, District-Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Shadab Alam Wazdi For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-01-2026 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of seven cases out of which 5 cases are under the Excise Act and petitioner no. 2 has antecedent of one case and allegation is of recovery of 936.540 litres of liquor from bamboo-sheet room of Md. Sahid. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.843 of 2026(2) dt.19-01-2026 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and petitioners have no concern or relation with Md. Shahid 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 further 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 petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 35,000/- (Rupees Thirty-five 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 Kishanpur P.S. Case No. 219 of 2025, subject to the conditions as laid down under Section Section 482(2) of the

Patna High Court CR. MISC. No.843 of 2026(2) dt.19-01-2026 3/3 BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than seven cases and petitioner no. 2 has antecedent of more than one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of seven cases and petitioner no. 2 has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T