Patna High Court
Chandan Yadav @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Chandan Yadav, sought anticipatory bail fearing arrest in an excise case (S.T. Excise No.1080 of 2025) where 70 litres of illegal liquor was recovered from his motorcycle. The prosecution alleged violation of Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that the vehicle was lent to his relative, Vikash Kumar, who was apprehended with the liquor and that he had no knowledge or involvement. The State opposed the bail, but the court noted the liquor was not in the petitioner's constructive possession and he had no prior criminal record. Consequently, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not in the petitioner's constructive possession and he has no criminal antecedent.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- constructive possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24598 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Chandan Yadav @ Chandan Kumar S/O Bhago Yadav Resident of Village-
Koshli Patti Ramnagar Ward No. 11, P.S- Pipra, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh
For the Opposite Party/s: Mrs. Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 25-05- Heard learned counsel for the parties through virtual
2026
mode.
2. The petitioner is apprehending his arrest in
connection with S.T. Excise No.1080 of 2025 arising out of
Supaul P.S. Case No.533 of 2025, F.I.R. dated 22.10.2025,
registered for the offences punishable under Section 30(a) of
Bihar Prohibition & Excise Act.
3. As per the prosecution case, on the basis of secret
information, the police recovered 70 liters of illegal liquor from
a motorcycle of the petitioner bearing Registration No.
BR43AE-0445.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case
for ulterior reasons. He further submits that though the recovery
Patna High Court CR. MISC. No.24598 of 2026(4) dt.25-05-2026
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has been made from the motorcycle of the petitioner but as a
matter of fact, the said vehicle had been given to one Vikash
Kumar, a relative of the petitioner, for two days for personal use.
Vikash Kumar is said to have been apprehended from the spot
along with the seized liquor. The petitioner had no knowledge
regarding the alleged illegal activities and is in no way
connected with the seized liquor. It is further submitted that the
petitioner has no criminal antecedent and is ready to abide by all
terms and conditions as may be imposed by this Court while
granting the privilege of anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail.
6. Regard being had to the submissions made by the
parties, and taking into consideration the fact that the illicit
liquor has not been recovered from the constructive possession
of the petitioner and that the petitioner has no criminal
antecedent, this Court is inclined to grant anticipatory bail to the
petitioners.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
Patna High Court CR. MISC. No.24598 of 2026(4) dt.25-05-2026
3/3
with two sureties of the like amount each to the satisfaction of
learned P.O. Exclusive Special Excise Court-1, Supaul in
connection with S.T. Excise No.1080 arising out of Supaul P.S.
Case No.533 of 2025 subject to the condition as laid down
under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
shikha/-
U T
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