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Patna High Court

Chandan Kumar @ Chandan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases.

Summary

The petitioner, Chandan Kumar, faced arrest under Section 30(a) of the Bihar Excise Act for allegedly possessing 50 litres of liquor on a scooty. He contended that the liquor was not recovered from his immediate possession, he was not the owner of the vehicle, and the case was based solely on a confessional statement of another accused, which he argued lacked evidentiary value. The petitioner sought anticipatory bail, arguing that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent exists, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether a confessional statement of another accused can form the sole basis for implicating the petitioner.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • Section 30
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14645 of 2026
                       Arising Out of PS. Case No.-342 Year-2025 Thana- CHAKAND District- Gaya
                 ======================================================
                 Chandan Kumar @ Chandan Paswan Son of Late Mithun Paswan @ Late
                 Nathun Paswan Resident of Village - Chatarghat, P.S.- Chakand, District -
                 Gayaji.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priya Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 has antecedent of one case under the Excise Act and

                   allegation is of recovery of 50 liters of liquor from a Scooty.

                                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 is not the

                   owner of the seized Scooty and came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.14645 of 2026(2) dt.13-03-2026
                                            2/3




          custody which does not have any evidentiary value. It is also

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

                       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.

          5,000/- (Rupees Five 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 Chakand

          P.S. Case No. 342 of 2025 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 more than

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his antecedent

          before this Court, as such, the provisional anticipatory bail order
            Patna High Court CR. MISC. No.14645 of 2026(2) dt.13-03-2026
                                                        3/3




                      shall not be confirmed, but after verification if it is found that

                      petitioner has antecedent of one case only, in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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