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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to a bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Chandan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 7.200 litres of liquor from a motorcycle. He argued he had a clean antecedent, was not the owner of the vehicle, and the seizure was based on secret information without proper investigation. The State opposed the bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; if none is found, the provisional order will be confirmed. The order thus conditions bail on future verification of the petitioner’s record.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case arising under Section 30(a) of the Bihar Excise Act.
  • Whether the facts of seizure and lack of possession justify the grant of anticipatory bail.
  • Whether the trial court’s verification of the petitioner’s criminal antecedent can be made a condition for confirming provisional anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • provisional bail
  • seizure of liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18402 of 2026
                  Arising Out of PS. Case No.-202 Year-2026 Thana- Excise P.S. District- West Champaran
                 ======================================================
                 Chandan Kumar Son of Bachchu Yadav Resident of village- Shyampur
                 Kotraha, Ward no- 01, P.s.- Bettiah, District- West Champaran Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mayank Mohan
                 For the Opposite Party/s :        Mr.Ramesh Chandra
                 ======================================================
                 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 Section 30(a) 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 7.200 litres of liquor from a motorcycle.

                             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 is not the owner of the

                   seized vehicle and he came to be implicated based on secret

                   information which is the easiest way to implicate someone without

                   holding a proper investigation, when petitioner admittedly is a person

                   with clean antecedent.
              Patna High Court CR. MISC. No.18402 of 2026(2) dt.25-03-2026
                                                          2/2




                                 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 Bettiah Excise P.S. Case No. 202 of 2026, 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 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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