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 bail bonds, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Chandan Kumar, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 52.5 litres of liquor from a cowshed. He argued that the liquor was not in his conscious possession and that the cowshed was accessible to villagers, suggesting he was being framed by an inimical party. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and verification of his criminal antecedents. The court clarified that if more than two prior cases are found, the bail may be revoked; otherwise, it will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act involving alleged possession of liquor.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23570 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- KASHICHAK District- Nawada
======================================================
Chandan Kumar Son of Vinod Singh Resident of Village - Belar, P.S.-
Kashichak, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases out of which one case
is under the Excise Act and allegation is of recovery of 52.5
litres of liquor from cowshed of the petitioner.
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 cowshed is a place
outside the house which is accessible to villagers at large. It is
next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.23570 of 2026(2) dt.17-04-2026
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premises for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
next submitted that someone inimical to the family concealed
meager amount of liquor in the cowshed with an intent to
implicate the entire family members, but then, petitioner came
to be implicated at the instance of Chaukidar with whom he is
on an inimical term.
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.10,000/- (Rupees Ten 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 Kashichak P. S. Case No.07 of 2026, 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
Patna High Court CR. MISC. No.23570 of 2026(2) dt.17-04-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it 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 has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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