Patna High Court
Chandan Kumar @ Chandan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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