Patna High Court
Chandan Pasvan @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Chandan Pasvan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30(a) and 30(c) of the Excise Act for the recovery of 30 litres of liquor. He argued that he has a clean antecedent, the alleged liquor was recovered from a public place not under his control, and the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with conditions under Section 438(2) CrPC. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
- Whether the petitioner’s clean antecedent and the circumstances of the alleged offence justify anticipatory bail.
- Whether the omission of the informant’s name from the FIR affects the merits of the prosecution’s case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- bail conditions
- recovery of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23687 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- OBRA District- Aurangabad
======================================================
Chandan Pasvan @ Chandan Kumar Son of Upendra Pasvan R/o Village -
Tejpuraa, P.S.- Obra, District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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
Sections 30(a) and 30(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 30 litres of liquor from Tejpura Sone diyara.
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 even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of local person/Chaukidar, but the name of the
Patna High Court CR. MISC. No.23687 of 2026(2) dt.09-04-2026
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person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., which casts an aspersion on the case of the
prosecution.
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.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
Obra P. S. Case No.56 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
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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.23687 of 2026(2) dt.09-04-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if 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)
vikash/-
U T
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