Patna High Court
Chandrabir Kumar Yadav @ Chandrabir YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedents under Section 438(2) Cr.P.C.
Summary
Petitioner Chandrabir Kumar Yadav applied for anticipatory bail in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging recovery of 756 litres of liquor from four motorcycles. The petitioner argued that he was not arrested on the spot, no liquor was found in his possession, he does not own the seized vehicles, and the FIR does not disclose the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and verification of his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under the Bihar Narcotic Substances Act and the Excise Act.
- Whether the absence of arrest at the scene and lack of possession of the seized liquor affect the grant of bail.
- Whether the non‑disclosure of the informant’s identity in the FIR undermines the prosecution’s case for denying bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Bihar Narcotic Substances Act
- seizure of liquor
- provisional bail
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20607 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Chandrabir Kumar Yadav @ Chandrabir Yadav son of Shivnandan Yadav
Resident of Navtol, Ghorbanki, Basopatti, P.S. -Basopatti, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 756 litres of liquor from four motorcycles.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicle and he came to be implicated at the
Patna High Court CR. MISC. No.20607 of 2026(2) dt.31-03-2026
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instance of local person, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution, when
petitioner has not been implicated based on secret information.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 Basopatti P. S. Case No.302 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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
Patna High Court CR. MISC. No.20607 of 2026(2) dt.31-03-2026
3/3
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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