Patna High Court
Chandan KharwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, deposit, and verification of antecedent.
Summary
The petitioner, Chandan Kharwar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 43.2 litres of liquor from a motorcycle he owned. He argued that the liquor was not in his conscious possession and that he was unaware his friend had misused the vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 with two sureties and deposit Rs.1,500 with the Lawyers’ Association, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the principle that ownership of the vehicle alone does not constitute sufficient evidence of guilt.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the mere ownership of the vehicle from which liquor was recovered is sufficient grounds to deny anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3038 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- SONHAN District- Kaimur (Bhabua)
======================================================
Chandan Kharwar S/O Babulal Kharwar Resident of village - Samahuta, P.S.-
Mohania, District Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Nand Kumar, 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 is a person with clean antecedent and allegation is of
recovery of 43.2 liters of liquor from a motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.3038 of 2026(2) dt.28-01-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who was also fled from the spot.
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.
500/- (Rupees Five Hundred) 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 Sonhan
P.S. Case No. 241 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 even
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
Patna High Court CR. MISC. No.3038 of 2026(2) dt.28-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Lawyers’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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