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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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