Patna High Court
Chandan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Chandan Kumar Singh, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 22.5 litres of liquor from a motorcycle he owned. He argued that he had no knowledge of the liquor being in the vehicle and that the liquor was not found in his conscious possession, emphasizing his clean criminal record. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs. 500 with two sureties and appears before the trial court within six weeks. The order is subject to verification of the petitioner’s antecedent; if any prior case is discovered, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether the petitioner is liable for offences under Section 30(a) of the Bihar Excise Act merely by being the owner of the vehicle from which liquor was recovered.
- Whether anticipatory bail should be granted in the absence of conscious possession and given the petitioner’s claim of a clean antecedent.
- Whether the conditions imposed by the Court are appropriate for provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- clean antecedent
- section 30(a)
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12655 of 2026
Arising Out of PS. Case No.-491 Year-2021 Thana- BHAGWAN BAZAR District- Saran
======================================================
Chandan Kumar Singh S/O Shukhdev Singh R/O Vill.- Bishunpura Kala, P.S.-
Ekma, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 22.5 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.12655 of 2026(2) dt.09-03-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Bhuneshwar would misuse the vehicle in the manner as alleged
who was also apprehended from the spot. It is reiterated and
submitted that petitioner is a person with clean antecedent.
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, 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.
500/- (Rupees Five Hundred) 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. 491 of 2021 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court 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 seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.12655 of 2026(2) dt.09-03-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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