Santosh Chaudhary @ Santosh Kumar Chaudhary Vs The State of… — Anticipatory Bail | Patna HC (2025)

Santosh Chaudhary @ Santosh Kumar Chaudhary Vs The State of… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: on arrest or surrender before the learned Court below within six weeks, release on bail-bonds of Rs.55,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on the trial court's verification of criminal antecedents (exactly eleven cases -> confirmed forthwith; more than eleven -> presumed concealment, order not confirmed).

Issue for consideration

Whether anticipatory bail may be granted to the petitioner in connection with Bhagwan Bazar P.S. Case No. 135 of 2025, registered for offences under Section 30(a) of the Excise Act, notwithstanding his disclosure of eleven antecedents under the Excise Act and the allegation of recovery of 101.21 litres of liquor from a rented home.

Ratio / Principle

In the event of the petitioner's arrest or surrender before the learned Court below within a period of six weeks, he is directed to be released on provisional anticipatory bail on furnishing bail-bonds of Rs.55,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C., in connection with Bhagwan Bazar P.S. Case No.135 of 2025.

Key takeaways

The learned trial Court, after accepting the provisional bail bonds of the petitioner, shall verify the criminal antecedents of the petitioner.ratio¶20
If verification finds that the petitioner has antecedent of more than eleven cases, it would be presumed that the petitioner, for the purposes of obtaining anticipatory bail, had concealed his antecedents.ratio¶20
In that event (presumed concealment of more than eleven antecedents) the present provisional anticipatory bail order shall not be confirmed; but if on verification the petitioner is found to have antecedent of eleven cases, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), Criminal Miscellaneous No.53574 of 2025, decided 23-12-2025 - Anticipatory bail: Santosh Chaudhary @ Santosh Kumar Chaudhary sought bail in anticipation of arrest in Bhagwan Bazar P.S. Case No.135 of 2025 (District Saran), registered for offences under Section 30(a) of the Excise Act, with allegation of recovery of 101.21 litres of liquor from a rented home. Counsel submitted the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, the room did not belong to him, and police mechanically implicated him without proper investigation, while he carried eleven antecedents under the Excise Act; the learned A.P.P. opposed. Held: on arrest or surrender within six weeks, the petitioner is to be released on provisional anticipatory bail on bail-bonds of Rs.55,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. After accepting the provisional bail bonds, the trial court shall verify the criminal antecedents: if more than eleven cases are found, it will be presumed the petitioner concealed his antecedents to obtain anticipatory bail and the provisional order shall not be confirmed; if eleven cases are verified, the provisional anticipatory bail order shall be confirmed forthwith. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53574 of 2025

Arising Out of PS. Case No.-135 Year-2025 Thana- BHAGWAN BAZAR District- Saran

======================================================

Santosh Chaudhary @ Santosh Kumar Chaudhary son of Ashok Chaudhary R/O -Rajendra College More, Dompara 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.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 23-12-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of eleven cases and allegation is of recovery of 101.21 litres of liquor from a rented home.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and room in question from where the liquor was recovered does not belong to him, but then, he carries eleven antecedent under the Excise Act, as

Patna High Court CR. MISC. No.53574 of 2025(4) dt.23-12-2025 2/3

such, police in a mechanical manner implicated him without holding a proper investigation.

Learned A.P.P. opposes the anticipatory bail

application.

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, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.55,000/- (Rupees Fifty 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 Bhagwan Bazar P. S. Case No.135 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than eleven cases, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before

Patna High Court CR. MISC. No.53574 of 2025(4) dt.23-12-2025 3/3

this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of eleven cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

vikash/-

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