Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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.
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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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