Patna High Court
Chandrabhusan Prasad @ Mitu Prasad @ Mithu PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the conditions imposed under Section 482(2) of the CrPC.
Summary
The petitioner, Chandrabhusan Prasad, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of nine litres of liquor from a public bush. He argued he had a clean criminal record, that the liquor was not in his possession, and that the alleged involvement was based on a local informant rather than direct evidence. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify the petitioner’s antecedent within six weeks. It stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged clean antecedent justifies the grant of bail.
- Whether the conditions imposed under Section 482(2) of the Code of Criminal Procedure are appropriate.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- criminal antecedent
- provisional bail
- Section 482
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32891 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- HATHUA District- Gopalganj
======================================================
Chandrabhusan Prasad @ Mitu Prasad @ Mithu Prasad S/O Ramdas Prasad
Resident of Village- Mahua Bhusa, P.S.- Nautan, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 9 liters of liquor from a bush.
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 even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of local person, but then it is submitted that if
Patna High Court CR. MISC. No.32891 of 2026(2) dt.14-05-2026
2/3
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
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 Hathua
P.S. Case No. 334 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 anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.32891 of 2026(2) dt.14-05-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.