Patna High Court
Chandan Srivastava @ Chandan Kumar SrivastavaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted, subject to verification of the petitioner’s criminal antecedent, with confirmation contingent on a clean record.
Summary
The petitioner, Chandan Srivastava, was implicated in a case alleging the recovery of 2,365.375 litres of liquor from his pickup vehicle, invoking Sections 30(a) and 41(1) of the Bihar Excise Act. He contended that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and that the vehicle was misused by his driver without his knowledge. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged offences under the Bihar Excise Act.
- Whether ownership of the vehicle used for the alleged liquor transport suffices to establish participation in the offence.
- Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1824 of 2026
Arising Out of PS. Case No.-405 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Chandan Srivastava @ Chandan Kumar Srivastava S/O Amar Nath Srivastava
Resident of Village- Bhimpur Road, Ambedkar Nagar, P.O- Deoria, P.S.-
Kotwali Deoria, District Deoria (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Premchandra Yadav
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 2365.375 litres of liquor from a pickup vehicle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested 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
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated
and at the same time shall bring disrepute to his business, it is
further submitted that petitioner was completely unaware that
his driver would misuse the vehicle in the manner as alleged.
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 Mariwan
P.S. Case No. 405 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 even 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 shall not be
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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)
Sumit/-
U T
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