Created by Fuzzy Cloud

Patna High Court

Chandra Shekhar Kumar @ Chandra Shekhar RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused because the petitioner’s prior criminal antecedent warranted denial under Section 482 of the BNSS, 2023.

Summary

Petitioner Chandra Shekhar Kumar applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Ganga Bridge P.S. Case No. 198/2025) under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 50 litres of illicit liquor. He asserted innocence, stating no incriminating material was found on his person and offered to comply with any conditions. The State opposed, highlighting the petitioner’s prior criminal antecedent. The Court examined the antecedent and the nature of the allegations and concluded that the antecedent justified refusal of anticipatory bail, though it permitted consideration of regular bail if the petitioner surrenders within four weeks. Consequently, anticipatory bail was denied and a conditional regular bail route was left open.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 when the accused has a prior criminal antecedent
  • Whether the facts of the case warrant denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • regular bail
  • excise case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32689 of 2026
                   Arising Out of PS. Case No.-198 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Chandra Shekhar Kumar @ Chandra Shekhar Ray S/o Dasai Ray @ Dashai
                 Ray Resident of Village - Diwantok, P.S. - Ganga Bridge, Dist. - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   13-05-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Ganga Bridge P.S. Case No. 198 of 2025,

                   lodged on 28.12.2025, under Sections 30(a) and 30(c) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022, pending

                   in the Court of learned Exclusive Special Excise Court No.-I,

                   Vaishali at Hajipur.

                                3. As per the prosecution, total recovery of 50 litres of

                   country made liquor has been made which is the subject matter

                   of the present case.
          Patna High Court CR. MISC. No.32689 of 2026(2) dt.13-05-2026
                                                      2/2




                                 4. Learned Counsel for the petitioner submits that the

                    petitioner is innocent and has committed no offence. Counsel

                    submits that the petitioner was not apprehended from the spot

                    and nothing incriminating has been recovered from the

                    conscious possession of the petitioner. Counsel submits that

                    antecedent of the petitioner is not clean and he ready to fulfill all

                    the conditions whatsoever shall be imposed upon him.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that antecedent of the

                    petitioner is not clean.

                                 6. Considering the similar nature of criminal

                    antecedent against the petitioner, the prayer for anticipatory bail

                    of petitioner is hereby refused. However, in the event of

                    surrender of the petitioner within four weeks from today, the

                    prayer for regular bail shall be considered on the same day

                    without being prejudiced by the order of this Court.



                                                                     (Dr. Anshuman, J)
    Mkr./-

U     T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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