Patna High Court
Chandan SarkarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.
Summary
Chandan Sarkar, the owner of a vehicle from which 168 litres of liquor was seized, applied for anticipatory bail, arguing that he had no knowledge of the liquor being in his car and that he had a clean criminal record. The State opposed the bail, contending that the seizure implicated him as the vehicle owner. The court considered that the petitioner was not in possession of the liquor at the time of seizure and that ownership alone does not constitute guilt. It granted a provisional anticipatory bail order, requiring a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the vehicle owner when liquor is seized from his vehicle without his knowledge.
- Whether the petitioner’s clean antecedent warrants provisional bail pending verification.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35115 of 2026
Arising Out of PS. Case No.-626 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
Chandan Sarkar Son of Rabindra Sarkar Resident of village - Kupadah
Nabanagar P.S- Malda District- Malda, west Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 offence punishable under Sections 30(a),
32(3) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 168 litres of liquor from a car. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.35115 of 2026(3) dt.25-06-2026
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It is also submitted that the petitioner was completely unaware
that Sadav would misuse his vehicle in the manner as alleged
who was also apprehended from the spot along with Shankar.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Special Case No.642/2025, arising out of
Kishanganj Excise P.S. Case No.626/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.35115 of 2026(3) dt.25-06-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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