Patna High Court

Chandan KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that provisional anticipatory bail should be granted subject to verification of the petitioner’s antecedents.

Summary

The petitioner, Chandan Kumar, was implicated in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2023 for the alleged recovery of 35 litres of liquor from a motorcycle he owned, while another motorcycle was also seized. He argued that he had a clean antecedent, was not arrested on the spot, and was unaware that his friend misused his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the offence under the Bihar Prohibition and Excise (Amendment) Act, 2023
Whether the petitioner’s ownership of the seized vehicle makes him liable for the alleged offence

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
liquor seizure
clean antecedent
vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22842 of 2026
                    Arising Out of PS. Case No.-151 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Chandan Kumar S/O Vijay Ram R/O Vill.- Vidyapeeth, P.S. and Dist.-
                 Lakhisarai.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 Sections 30(a), 32 of

                   Bihar Prohibition and Excise (Amendment) Act, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 35 litres of liquor from a motorcycle and one more

                   motorcycle was seized. It is next submitted 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 one of the seized vehicle. It is next

                   submitted that no prudent person would use his own vehicle for

                   committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.22842 of 2026(3) dt.27-04-2026
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          against himself and hence would get implicated. It is also

          submitted that the petitioner was completely unaware that

          Rakesh friend would misuse his vehicle in the manner as alleged

          who was also apprehended from the spot along with Ankesh.

                       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.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 Piri Bazar P.S. Case No.151/2025, 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 even one

          case, 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
             Patna High Court CR. MISC. No.22842 of 2026(3) dt.27-04-2026
                                                         3/3




                       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)
amit/-

U        T

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