Patna High Court
Chandan Kumar @ Chandan Kumar Yadav @ Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 78 litres of liquor from a Maruti car. He argued that he was not caught in possession, was not the vehicle's owner, and was implicated solely on a confessional statement made by Ajeet Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and deposit Rs.2,500 with the Lawyers’ Association, subject to verification of his criminal antecedent. The court stipulated that if the petitioner is found to have more than one prior case, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made by a co-accused in police custody can be the basis to deny anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- police custody
- criminal antecedent
- Section 482(2) inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2975 of 2026
Arising Out of PS. Case No.-479 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Chandan Kumar @ Chandan Kumar Yadav @ Ashish Kumar S/o Dashrath
Yadav Resident of Village - Kothiya Ward No. 11, P.S - Gangaur, District -
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 one case and allegation is of
recovery of 78 liters of liquor from a Maruti car.
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 is not the
owner of the seized vehicle and he came to be implicated based
on confessional statement of Ajeet Kumar in police custody
Patna High Court CR. MISC. No.2975 of 2026(2) dt.28-01-2026
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which does not have any evidentiary value.
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.
5,000/- (Rupees Five 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 Alouli
P.S. Case No. 479 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 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 has antecedent of one
case only, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.2975 of 2026(2) dt.28-01-2026
3/3
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Lawyers’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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