Created by Fuzzy Cloud

Patna High Court

Akash Kumar Chandravanshi @ Akash Kumar @ Akash ChandrvanshiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Akash Kumar Chandravanshi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 9 litres of liquor from a public market. He argued that no liquor was found in his possession and that the allegation was based solely on secret information without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will be cancelled; if only two are found, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act
  • Whether the circumstances, including lack of possession and reliance on secret information, justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • secret information
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29615 of 2026
                   Arising Out of PS. Case No.-243 Year-2025 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Akash Kumar Chandravanshi @ Akash Kumar @ Akash Chandrvanshi S/o
                 Bhola Chandravanshi R/o vill - Mangal Bazar, Navinagar, P.s. - Navinagar,
                 Distt.- Aurangabad

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

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

2   05-05-2026                  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 two cases under the Excise Act and

                   allegation is of recovery of 9 liters of liquor from Mangal

                   market near water tank.

                                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
Patna High Court CR. MISC. No.29615 of 2026(2) dt.05-05-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          based on secret information which is the easiest way to

          implicate someone. 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.

          10000/- (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

          Navinagar P.S. Case No. 243 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 more than two

          cases then it would be presumed that petitioner, for the purposes of
            Patna High Court CR. MISC. No.29615 of 2026(2) dt.05-05-2026
                                                        3/3




                      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 two cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.