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Patna High Court

Chandan Kumar @ Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.14448 of 2026(2) dt.13-03-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.14448 of 2026(2) dt.13-03-2026
                                                       3/3




                     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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