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Patna High Court

Chandan Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application conditionally, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Chandan Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 37 litres of liquor from a vehicle. He argued that he was not arrested at the scene, had no conscious possession of the liquor, and that the FIR named unknown persons, asserting he is not the owner of the vehicle. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if the petitioner is found to have more than one prior case, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed. The anticipatory bail application was allowed conditionally.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
  • Whether the petitioner’s alleged lack of possession and the FIR naming unknown persons affect the grant of anticipatory bail.
  • Whether the petitioner’s criminal antecedent influences the confirmation of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3194 of 2026
                       Arising Out of PS. Case No.-369 Year-2025 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Chandan Kumar @ Chhotu Son of Sri Kesho Prasad Resident of Village - Jai
                 Shree, P.S.- Karakat, District - Rohtas at Sasaram.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Prasad
                                                  Mr. Binod Kumar Sinha
                 For the Opposite Party/s :       Ms. Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-04-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 37 litres of liquor from a Bolero

                   vehicle.

                                 4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and the FIR was

                   against unknown and he is not the owner of the seized vehicle
Patna High Court CR. MISC. No.3194 of 2026(3) dt.08-04-2026
                                            2/3




          and he came to be implicated during the course of investigation,

          but then, it is submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Karakat P. S. Case No.369 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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
               Patna High Court CR. MISC. No.3194 of 2026(3) dt.08-04-2026
                                                           3/3




                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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