Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Chandan Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case alleging offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Excise Act, involving the alleged recovery of 501.150 litres of liquor from a truck owned by him. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that the vehicle would be misused. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) CrPC, and ordered verification of his antecedent before confirming the bail. The order emphasized that any undisclosed prior case would lead to the bail not being confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC in the present facts?
- Whether ownership of the vehicle used in the alleged offence makes the petitioner liable for anticipatory bail?
- Whether the petitioner’s clean antecedent and lack of direct possession of the liquor justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- ownership of vehicle
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22776 of 2026
Arising Out of PS. Case No.-679 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Chandan Kumar S/o Satyendra Rai Resident of village - Maharani, P.S.-
Mohammadpur, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 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
Section 317(5) of the B.N.S. and Sections 30(a) and 41(1) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 501.150 litres of liquor from a truck.
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 he came to be
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.22776 of 2026(3) dt.27-04-2026
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vehicle for committing a crime and thus, would create evidence
against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that Dipak
would misuse the vehicle in the manner as alleged as he was
also apprehended at the spot.
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.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
Kateya P. S. Case No.679 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 even one case, then it
Patna High Court CR. MISC. No.22776 of 2026(3) dt.27-04-2026
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would be presumed that petitioner for the purposes of 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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