Patna High Court

Chanarik Rai @ Chandrika Rai @ Chandrika RayversusThe State of Bihar

Decided: 21 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions, pending verification of the petitioner’s antecedent.

Summary

Petitioner Chanarik Rai sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 56 litres of liquor from his motorcycle. He argued he has a clean antecedent, was not in possession of the liquor, and was implicated merely as the vehicle owner, unaware of any misuse by another individual. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the petitioner appear before the trial court within six weeks for verification of his antecedent. The court stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s ownership of the vehicle, without possession of the liquor, suffices to deny culpability
Whether the petitioner’s antecedent record affects the grant of anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
vehicle ownership
clean antecedent
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25644 of 2026
                       Arising Out of PS. Case No.-322 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
                 Chanarik Rai @ Chandrika Rai @ Chandrika Ray S/o Late Gangi Rai R/o
                 village - Kala Diyara, P.S - Salimpur, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun
                 For the Opposite Party/s :       Mr. Akbar Ali
                 ======================================================
                 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 is a person with clean antecedent and allegation is of

                   recovery of 56 liters of liquor from a motorcycle.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.25644 of 2026(2) dt.21-04-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Vijay would misuse the vehicle in the manner as alleged

          who was apprehended from the spot along with Lal Chand.

                       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.

          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 Salimpur

          P.S. Case No. 322 of 2025 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 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

          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 is a
            Patna High Court CR. MISC. No.25644 of 2026(2) dt.21-04-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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