Patna High Court
Chandan Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bond, sureties and verification of the petitioner’s antecedent.
Summary
Chandan Kumar Ram was implicated in a case under IPC sections 272, 273 and 34, read with Bihar Excise Act sections 30(a) and 41, for allegedly possessing 1.5 litres of liquor recovered from his motorcycle. He contended that he had a clean antecedent, was not in actual possession at the time of seizure, and that his brother had misused the vehicle without his knowledge. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged possession of illicit liquor under the IPC and Bihar Excise Act.
- Whether the petitioner’s lack of actual possession and clean antecedent justify the grant of anticipatory bail.
- Whether the trial court must verify the petitioner’s criminal antecedent before confirming the bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 41
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- possession
- excise law
- Indian Penal Code
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18293 of 2026
Arising Out of PS. Case No.-114 Year-2021 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Chandan Kumar Ram Son of Late Jay Lal Ram Resident of village
-Suratganj, Bata Chowk, PS- Madhubani town, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 Sections 272, 273
and 34 of the Indian Penal Code read with Sections 30(a) and 41
of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1.5 liters of liquor from a motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.18293 of 2026(2) dt.25-03-2026
2/3
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his brother Rajan would misuse the vehicle in the manner as
alleged who was also apprehended from the spot.
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 Town
P.S. Case No. 114 of 2021 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
Patna High Court CR. MISC. No.18293 of 2026(2) dt.25-03-2026
3/3
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be 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)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.