Patna High Court
Chandan Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent cases.
Summary
The petitioner, Chandan Kumar Choudhary, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of liquor from a third‑party's house and from a motorcycle he owned. He contended that he had no possession of the liquor, was unaware of his friend's misuse of the vehicle, and that the seizure was unrelated to him. The State opposed the bail. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order is conditional and remains subject to the trial court’s verification.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. in view of the alleged offences under the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(2)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22398 of 2026
Arising Out of PS. Case No.-229 Year-2021 Thana- RAJAON District- Banka
======================================================
Chandan Kumar Choudhary S/o- Bindeshwari Choudhary R/o Village -
Makduma PS - Amarpur District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
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 offences punishable under Sections 30(a) and
32(2) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 20 litres of liquor from the house of
Bipin Mandal and 10 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and even the alleged
recovery is from the house of Bipin Mandal with whom
petitioner has no concern or relation but then he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.22398 of 2026(2) dt.08-04-2026
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vehicle. It is further 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 next submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also fled 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 appearing on behalf of the petitioner, let 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.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 Rajaon P.S. Case
No. 229 of 2021, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.22398 of 2026(2) dt.08-04-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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