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Patna High Court

Chandra Shekhar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to a bond, sureties, and conditions of cooperation with the investigation.

Summary

The petitioner, Chandra Shekhar Kumar, sought anticipatory bail after a police seizure of 28 litres of country-made liquor from a motorcycle registered in his wife's name, alleged to be in violation of Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2022. He argued that his name was linked to the case only because of his wife's ownership of the vehicle and that there was no independent witness to the search nor any recovery from his personal possession. The State opposed bail, citing two prior similar offences, although the petitioner was already on bail in those matters. The Court examined whether the circumstances justified denial of bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the lack of direct evidence against the petitioner and his willingness to cooperate, the Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to specific conditions. The bail order is effective for four weeks from the date of the order, pending any further developments in the investigation.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) Cr.P.C. and Section 482(2) BNSS for alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the petitioner’s connection to the seized liquor through his wife’s vehicle suffices to deny bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • excise
  • seizure
  • motor vehicle ownership
  • prior criminal antecedents
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25957 of 2026
                        Arising Out of PS. Case No.-46 Year-2025 Thana- HARPUR District- Munger
                 ======================================================
                 Chandra Shekhar Kumar Son of Navin Mandal Resident of Village- Dhauri,
                 P.S.- Harpur, District- Munger
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Narayan Sah, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                  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 Sections 30(a) and

                   32 of the Bihar Prohibition and Excise Amendment Act, 2022.

                                3.    The allegation in the First Information Report is

                   that 28 litres of country made liquor has been recovered from

                   one motorcycle bearing Registration No.BR08M6409.

                                4. Learned counsel for the petitioner submits that the

                   name of the petitioner transpired on the basis of the fact that his

                   wife is the registered owner of the said motorcycle. It is further

                   submitted that there is no independent witness to the search and

                   seizure. There is no recovery from the personal or conscious

                   possession of the petitioner.

                                5. Learned APP for the State opposed the prayer for

                   anticipatory bail and submits that the petitioner has two criminal
            Patna High Court CR. MISC. No.25957 of 2026(2) dt.24-04-2026
                                                        2/2




                      antecedents of similar nature. However, in response it has been

                      submitted that the petitioner is on bail in both the cases.

                                   6.     Taking     into     consideration   the   facts   and

                      circumstances of the case, let the above named petitioner, be

                      released on bail, in the event of his arrest or surrender before the

                      learned Court below within a period of four weeks from today,

                      on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with Harpur P.S. Case No. 46 of 2025,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023, subject to the condition(s) that:

                                        (i) One of the bailors will be his own blood relative,
                                        preferably, father, mother, brother, sister and/or his
                                        wife.
                                        (ii) The petitioner shall co-operate with the
                                        investigation, if not already concluded and make
                                        himself available as and when so required, failing
                                        which the prosecution will be at liberty to move
                                        cancellation of his bail bond.



                                                (Soni Shrivastava, J)
anand/-
U       T


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