Patna High Court
Chandan ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties and verification of the petitioner's criminal antecedent.
Summary
The petitioner, Chandan Thakur, was implicated in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 23.700 litres of liquor from his shop. He has two prior cases under the same Act and feared arrest. He argued that the liquor was recovered in his absence and that he could not have created evidence against himself, suggesting possible police manipulation. The State opposed his application for anticipatory bail. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed verification of his criminal antecedent. The order further provided that if more than two prior cases are found, the bail would not be confirmed; otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the Cr.P.C. given his antecedent cases and the facts of the liquor recovery
- Whether the alleged recovery of liquor in the petitioner's absence justifies denial of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 438
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57060 of 2025
Arising Out of PS. Case No.-70 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Chandan Thakur S/o Late Sinheshwar Thakur @ Singheshwar Jhakur R/o
Village- Jhanjharpur Purani Bazar, Ward No.-14, Police Station-Jhanjharpur,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 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 offences punishable under Sections 30(a),
32(1) and 32(3) of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 23.700 litres of liquor from the shop
of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and from perusal of the
allegation as alleged in the FIR, it would manifest that the liquor
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was recovered in absence of the petitioner. It is further
submitted that no prudent person would use his own premises
for committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is next
submitted that it might be a possibility that in absence of the
petitioner some purchaser seeing the police concealed the liquor
in his shop and the police in mechanical manner implicated the
petitioner since he has antecedent under the Excise Act.
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.10,000/- (Rupees Ten 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
Jhanjharpur Excise P.S. Case No. 70 of 2025, subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.57060 of 2025(3) dt.05-01-2026
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it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
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 two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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