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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Chandan Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 294 litres of liquor from the bank of the Ganga River. He argued that no liquor was found in his possession, the alleged recovery site is a public area, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents within six weeks. If more than one prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where no possession is established.
  • Whether the omission of the informant’s name in the FIR affects the validity of the prosecution’s case.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • public place
  • no possession
  • bond and sureties
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25245 of 2026
                      Arising Out of PS. Case No.-102 Year-2026 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Chandan Kumar Son of Vijay Rai Resident of village- Nauzar Ghat, Ps-
                 Khajekala, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 294 liters of liquor from bank of

                   Ganga river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.25245 of 2026(2) dt.21-04-2026
                                            2/3




          at the instance of local person, but then the name of the person

          who disclosed the name of the petitioner is not disclosed in the

          FIR which casts an aspersion on the case of the prosecution. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5000/- (Rupees Five 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

          Khajekala P.S. Case No. 102 of 2026 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and
            Patna High Court CR. MISC. No.25245 of 2026(2) dt.21-04-2026
                                                        3/3




                      in the event if it is found that petitioner has antecedent of more

                      than one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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