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Patna High Court

Chandan Pasvan @ Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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