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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petition for anticipatory bail, subject to specified conditions.

Summary

Petitioner Chandan Kumar sought anticipatory bail fearing arrest in a case (Kankarbagh PS No.1074/2025) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where 88 litres of illicit liquor were seized from an auto. The prosecution alleged that the liquor was being transported illegally, while the petitioner contended that he was falsely implicated, not the owner of the vehicle, and that the seizure procedure was not followed, despite having six prior similar cases. The State opposed the bail. The Court examined the facts, the petitioner’s antecedents, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to stringent conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, including surety bonds, personal appearance, and regular reporting to the police. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offence under the Bihar Prohibition and Excise Amendment Act, 2022 and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • illicit liquor
  • seizure procedure
  • criminal antecedent
  • Bihar Prohibition Act
  • CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11257 of 2026
                     Arising Out of PS. Case No.-1074 Year-2025 Thana- KANKARBAG District- Patna
                 ======================================================
                 Chandan Kumar, S/O Laxman Prasad @ Lakshman Prasad, Resident Of
                 Changar , Road No.- 08,P.S- Kankarbagh, Dist- Patna

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, APp
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   17-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. Petitioner apprehends his arrest in connection with

                   Kankarbagh P.S. Case No. 1074 of 2025 registered for the

                   offences under Sections 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                                 3. The prosecution case is to the effect that on secret

                   information that some illicit liquor was being carried on an auto,

                   the same was intercepted and on search total 88 liters of desi

                   liquor was recovered.

                                 4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11257 of 2026(2) dt.17-02-2026
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          petitioner has falsely been implicated in this case merely

          because he carries a long list of six cases of similar nature. It has

          further been submitted that no recovery has been made from the

          conscious possession of the petitioner or from his house and

          admittedly the petitioner is not the owner of the seized vehicle.

          It has next been submitted that the procedure of seizure was not

          followed. It has lastly been submitted that the petitioner carries

          six criminal antecedents.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Kankarbagh P.S. Case No. 1074 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure read with corresponding Section 482(2) of

          B.N.S.S. as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.11257 of 2026(2) dt.17-02-2026
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                          relative.
                          (ii) The petitioner shall remain physically present in
                          Court on each date of the trial.
                          (iii) In case of absence on two consecutive dates, or in
                          violation of the terms of the bail, the bail bond of the
                          petitioner will be liable to be cancelled by the Court
                          concerned.
                          (iv) If the petitioner is found involved in similar nature
                          of offence in future, the prosecution shall be at liberty
                          to move for cancellation of his bail bond.
                          (v) The learned Court below shall verify the criminal
                          antecedent of the petitioner and in case at any stage it is
                          found that the petitioner has concealed his criminal
                          antecedent, the court below shall take step for
                          cancellation of bail bond of the petitioner. However, the
                          acceptance of bail bonds in terms of the above-
                          mentioned order shall not be delayed for purpose of or
                          in the name of verification.
                          (vi) In view of the antecedent of the petitioner, the
                          petitioner is directed to appear before the Senior
                          Superintendent of Police, Patna within fifteen days of
                          his release with a copy of this order and every two
                          weeks thereafter for the next nine months. The conduct
                          of the petitioner will be kept under watch in this period
                          by the Superintendent of Police concerned and if it is
                          found wanting in any respect, a report shall be made to
                          the court concerned by him to initiate a proceeding for
                          cancellation of bail for reasons of misuse of bail. After
                          reporting to the Superintendent of Police, a certificate
                          will be filed by the petitioner before the court
                          concerned.
              Patna High Court CR. MISC. No.11257 of 2026(2) dt.17-02-2026
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                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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