Patna High Court
Chandan Kumar @ Athaishwa @ Chandan Kumar Ray @ AthisaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Chandan Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 5.5 litres of liquor from a location adjacent to his shop. He argued that the liquor was not in his possession, the alleged recovery site did not belong to him, and the complaint was prompted by a hostile watchman rather than any police investigation. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if exactly two are found, the bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate for granting provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor recovery
- Section 30
- Section 482
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22199 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- PATEPUR District- Vaishali
======================================================
Chandan Kumar @ Athaishwa @ Chandan Kumar Ray @ Athisa S/o- Ram
Kumar Ray R/o Mohalla - Patepur Bazar Rasalpur, Police station - Patepur,
Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar
For the Opposite Party/s : Ms. Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and allegation is of
recovery of 5.5 litres of liquor from a place behind the shop of
the petitioner. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner but then is adjacent to
his shop and he came to be implicated at the instance of
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chowkidar with whom he is on an inimical term. It is also
submitted that if chowkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is next submitted that
of late police has started implicating accused having criminal
antecedent in cases relating to excise for obvious reason without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Patepur P.S. Case No.56/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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