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Patna High Court

Chandan Kumar @ Chandan PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s antecedent by the trial court.

Summary

The petitioner, Chandan Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering liquor from a bamboo orchard, though the liquor was not found in his possession and the site does not belong to him. He asserted a clean criminal record and argued that the FIR was based on unnamed informant information, casting doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The Court, after considering these submissions, ordered provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent. If any prior case is discovered, the bail will be presumed concealed and the order may be revoked; otherwise, the provisional bail will be confirmed. The order is made under Section 482(2) of the BNSS, pending further verification.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was not in the petitioner’s possession.
  • Whether the petitioner’s clean antecedent and the lack of named informant in the FIR justify provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • clean antecedent
  • provisional bail
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23134 of 2026
                     Arising Out of PS. Case No.-70 Year-2026 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Chandan Kumar @ Chandan Paswan Son of Late Shivan Paswan Resident of
                 Village - Manikpur, Ward No.9, P.S - Saraiya, District - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 5.5 litres of liquor from a bamboo orchard along

                   with 200 litres of raw liquor which was destroyed at the spot.

                             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

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.23134 of 2026(2) dt.08-04-2026
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          implicated at the instance of local people, but then the name of

          the person, who disclosed the name of the petitioner, is not

          disclosed in the FIR, which casts an aspersion on the case of the

          prosecution, when petitioner has not been implicated based on

          secret information and is a person with clean antecedent.

                   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 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 Saraiya P.S. Case No. 70 of 2026, subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          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 would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.23134 of 2026(2) dt.08-04-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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