Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted provisionally, subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. He argued that he was not caught in possession of liquor, was not the owner of the seized motorcycle, and was implicated by a watchman with whom he had a hostile relationship. The State opposed the bail, contending that the offences were serious. The Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs.10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also conditioned confirmation of bail on verification of the petitioner’s criminal antecedent, allowing confirmation only if he has exactly two prior cases.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the present case
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicle negates the charge under the Bihar Prohibition and Excise Act
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- criminal antecedent
- possession
- watchman
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26339 of 2026
Arising Out of PS. Case No.-167 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Chandan Kumar S/o Dwarika Prasad @ Dwarika Yadav R/o Village - Barwa
P.S - Rajauli, Distt - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and Mr.
Chandra Bhushan Prasad, 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
41 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 160 litres
of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated at the instance of the Chawkidar with whom he is
on an inimical term. It is next submitted that if the Chawkidar
Patna High Court CR. MISC. No.26339 of 2026(2) dt.24-04-2026
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was aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution.
5. Mr. Chandra Bhushan Prasad, 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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten 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 Sirdala P.S. Case
No. 167 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than two
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.26339 of 2026(2) dt.24-04-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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