Patna High Court
Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted conditionally under Section 438 CrPC despite the petitioner’s ownership of the vehicle, subject to verification of his antecedents.
Summary
Chandan Yadav, the owner of a transport vehicle, was implicated in the seizure of 500 litres of codeine cough syrup allegedly being transported in his auto, leading to charges under Sections 30(a) and 47 of the Excise Act. He applied for anticipatory bail, arguing that he had a clean antecedent, was not in possession of the contraband at the time of seizure, and that the vehicle was being used by a third party driver. The State opposed the bail. The Patna High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his antecedent before confirming the bail. The order also stipulated that any undisclosed prior case would lead to the bail being withdrawn. The application was therefore allowed, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a vehicle owner implicated in an Excise Act offence.
- Whether ownership of the vehicle used for the alleged offence creates sufficient grounds to deny bail.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 47
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 47
- Section 438 CrPC
- vehicle ownership
- clean antecedent
- codeine cough syrup
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11396 of 2026
Arising Out of PS. Case No.-814 Year-2025 Thana- Excise P.S. District- Bhagalpur
======================================================
Chandan Yadav S/o Late Fulo Yadav Resident of - Block Road, Mirjapur,
Naya Tola, Nurpur, P.S - Nathnagar, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Goutam
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 06-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) and 47 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 500 litres of liquor codeine cough syrup from
Mahindra goods carriage auto.
4. 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 he came to be
implicated based on the fact that he is owner of the seized auto.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.11396 of 2026(4) dt.06-04-2026
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vehicle for committing a crime and thus, would create evidence
against himself and hence, would get implicated and at the same
time, shall bring disrepute to his business. It is further submitted
that no doubt, the codeine was recovered from the vehicle
owned by him, but then, the petitioner is in a transport business.
It is also submitted that the codeine was booked by Bsybees
Logistic Company at Panipat for it being delivered to Saha Drug
Agency at Naugachia, thereafter the codeine was brought to the
godown of Ravi Enterprises at Bhagalpur from where the
consignment was loaded on the vehicle of the petitioner which
was being driven by Ravi accompanied by his son Adarsh when
police apprehended the vehicle and Ravi along with Adarsh
were arrested. It is next submitted that petitioner being owner
came to be implicated when codeine was booked from Panipat
for being delivered at Naugachia. It is also submitted that
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the anticipatory bail application.
6. 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
Patna High Court CR. MISC. No.11396 of 2026(4) dt.06-04-2026
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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.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 Excise (Sadar) P. S. Case No.814 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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