Patna High Court
Chandan Kumar @ Chandan Kumar Bharti @ Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail fearing arrest in a case involving alleged possession of 11 litres of country-made liquor, a country-made pistol, and cartridges recovered from a cowshed belonging to another person. The prosecution alleged violations of Sections 25(1‑B)(a), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Excise Act, relying primarily on a confessional statement made by a co‑accused while in police custody. The petitioner argued that nothing was seized from his immediate possession and that the evidence was obtained from a location not owned by him, rendering the confession inadmissible. The State opposed bail, highlighting the petitioner’s four prior cases and the risk of absconding or tampering with evidence. After considering the submissions, the Court declined to grant anticipatory bail, concluding that the circumstances did not merit the privilege.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the alleged offences under the Arms Act and Bihar Excise Act and the nature of the evidence.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- anticipatory bail
- Arms Act
- Bihar Excise Act
- confessional statement
- police custody
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21163 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- BALIYA District- Begusarai
======================================================
Chandan Kumar @ Chandan Kumar Bharti @ Chandan Yadav S/o Ganpat
Yadav @ Baniya Yadav R/o Village- Tulsi Tol, P.S- Ballia, Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Ballia P.S. Case No. 33 of 2026, registered for the offences
punishable under Sections 25(1-B)(a), 26 and 35 of Arms Act
and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases and allegation is of
recovery of 11 litres of country made liquor along with country
made pistol, one empty cartridge and one live cartridge from
cowshed of Rajniti Yadav.
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 even the alleged
Patna High Court CR. MISC. No.21163 of 2026(2) dt.01-04-2026
2/2
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Somari in police custody which does not have any evidentiary
value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that the case has
been instituted under the Arms Act also and allegation is of
recovery of country made pistol along with cartridges. It is next
submitted that petitioner was not arrested from the spot, but his
name transpired in confessional statement of co-accused and
petitioner has antecedent of four cases and if privilege of
anticipatory is granted to the petitioner, the petitioner may
abscond or try to tamper with the evidence.
6. Considering the submission made by learned APP,
the Court is not inclined to extend the privilege of anticipatory bail
to the petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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