Patna High Court
Chandan Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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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