Patna High Court
Chandra Shekhar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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/-
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