Patna High Court
Chandra Shekhar Kumar @ Chandra Shekhar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(c)
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
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