Patna High Court
Chandan Kumar @ Chandan RajversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail in a case involving alleged possession of 220.05 liters of liquor, a pistol, magazines and live cartridges, alleged under Sections 25(1‑b), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no incriminating material was found in his possession and that the liquor was recovered from a co‑accused’s rented house. The State opposed the bail, highlighting the petitioner’s prior criminal antecedent of a similar nature. The Court noted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s history, and consequently rejected the anticipatory bail application. The Court directed that if the petitioner surrenders within four weeks, regular bail may be considered by the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Arms Act and Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent bars the grant of anticipatory bail.
- Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a prerequisite for anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- arms possession
- liquor seizure
- criminal antecedent
- Section 103
- Bihar Prohibition and Excise Act
- Arms Act
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14996 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Chandan Kumar @ Chandan Raj S/O Naresh Kumar @ Naresh Prasad @
Naresh Prasad Yadav R/o- Gandhi Murti, Ward No. 30 P.s- Beur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection with
Parsa Bazar P.S. Case No. 370 of 2025, instituted for the
offences punishable under Sections 25(1-b), 26 and 35 of the
Arms Act and Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 220.05 liters
liquor was recovered from rented room of the co-accused. It is
alleged that 04 magazine, one country made pistol and four live
cartridges have also been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
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present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The alleged
recovery has been made from the rented house of co-accused
Abhay Kumar. Apprehended co-accused disclosed the name of
the petitioner. The petitioner has got one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023. Other co-accused has been granted bail
by this Court vide order dated 19-01-2026, passed in Cr. Misc.
No. 1452 of 2026.
5. Learned APP for the State has vehemently opposed the
prayer for grant of anticipatory bail to the petitioner. It is
submitted that petitioner bears criminal antecedent of similar
nature, hence, he does not deserve the privilege of anticipatory
bail.
6. Considering the aforesaid facts and circumstances of
the case, this Court is not inclined to grant anticipatory bail to
the petitioner. Accordingly, prayer for grant of anticipatory bail
to the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the court
below within a period of four weeks from today and prays for
regular bail, the same would be considered by the court below in
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accordance with law without being prejudiced by the order of
this Court.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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