Patna High Court
Chandan Kumar @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties and verification of criminal antecedents.
Summary
The petitioners sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, involving the alleged recovery of 228.4 litres of liquor and 930 empty bottles from a bush not belonging to them. They argued that they were not in possession of the contraband, the location was public, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court granted provisional anticipatory bail, requiring the petitioners to furnish bail bonds of Rs.5,000 each with two sureties, and conditioned the order on verification of their criminal antecedents by the trial court. If the verification shows petitioner No.1 has more than one prior case or petitioners 2 and 3 have any prior case, the bail will not be confirmed; otherwise it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Psychotropic Substances Act.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged recovery of liquor from a public place and lack of possession by the petitioners affect the grant of anticipatory bail.
- How the petitioners' prior criminal antecedents influence the confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14448 of 2026
Arising Out of PS. Case No.-197 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
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1. Chandan Kumar @ Rohit Kumar S/o Mahendra Chaudhary R/o Village -
Bhola Bigha, P.S- Muffasil, District - Nawada
2. Mahendra Chaudhary S/o Late Prasadi Chaudhary R/o Village - Bhola
Bigha, P.S- Muffasil, District - Nawada
3. Anjit Kumar S/o Natho Chaudhary R/o Village - Bhola Bigha, P.S- Muffasil,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhilesh Kumar
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and petitioner no. 2 and 3 are persons with clean antecedent and
allegation is of recovery of 228.4 litres of liquor concealed in a
bush along with 930 empty liquor bottles.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
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recovered from their conscious possession even the alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large. It is further
submitted that petitioners came to be implicated at the instance
of the local person but then the name of the person who
disclosed the name of the petitioners is not disclosed in the FIR
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender within a period of six
weeks from today, be released on provisional anticipatory bail
on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand)
each 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 G.O. Case No. 197 of 2020/C.I.S. No.
1247 of 2020, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
if it is found that petitioner no. 1 has antecedent of more than
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one case and petitioner no. 2 and 3 have antecedent of even one
case, it would be presumed that petitioners had concealed their
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 no. 1 has antecedent of only one case and petitioner
no. 2 and 3 is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith
(Satyavrat Verma, J)
Kundan/-
U T
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