Patna High Court
Chandan ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted anticipatory bail to the petitioners, subject to specified conditions, despite the State’s objection.
Summary
Petitioners Chandan Thakur and Shashi Ranjan Paswan sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that they were falsely implicated based solely on the testimony of a co-accused, Akash Kumar. The FIR and seizure list showed that no contraband was recovered from the petitioners' conscious possession, and the only link to them was the co-accused’s disclosure. The State opposed bail, invoking Section 76(2) of the Bihar Prohibition and Excise Act, but the High Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, considered the lack of direct evidence against the petitioners. The Court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC, including cooperation with the trial and no tampering with evidence. The order also directed verification of the petitioners’ criminal antecedents and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act when the only evidence is the co‑accused’s testimony.
- Whether the provisions of Section 76(2) of the Bihar Prohibition and Excise Act preclude the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- false implication
- co‑accused testimony
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35421 of 2026
Arising Out of PS. Case No.-463 Year-2025 Thana- KOTWA District- East Champaran
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1. Chandan Thakur son of Surendra Thakur Resident of village- Amawa P.S.-
Kotwa Dist -East Champaran
2. Shashi Ranjan Paswan Son of Mohan Paswan Resident of village- Amawa
P.S.- Kotwa Dist -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Kotwa P.S. Case No. 463 of 2025 registered for
the offence punishable under Section 30(a) of Bihar Prohibition
and Excise Act.
3. The prosecution story in short is that Informant
A.S.I has submitted written application to S.H.O Kotwa P.S with
allegation that on 28.12.26-10:45A.M. I along with police
forces, I left the police station for patrollin meantime I received
secrete information when I reached at Dumara Chow Akash
Kumar selling wine in new constructed house. It is further stated
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that I informed higher officials and reached on spot for
verification of the information meantime I see five persons have
started to flee to see police party. It is further stated that we have
made all affords to catch to them but persons have managed to
escape but caught one persons who has disclose his name as
Akash Kumar and rest accused. It is further stated that local
person were gathered their not ready to make witness due to fear
than two persons from raid team selected and made independent
witness. It is further stated that search has made and total 98.28
liters English wine and twenty five thousand rupees recovered
his possession. It is further stated that seizer list has prepared
and taken signature of the accused and given a copy to him.
4. Learned counsel for the petitioners submits that the
petitioner no. 1 has clean antecedent and petitioner no. 2 has one
criminal antecedent other than the present case and they have
falsely been implicated in the present case. Learned counsel for
the petitioners submits that name of the petitioners have
transpired on the basis of disclosure made by the apprehended
co-accused person, namely, Akash Kumar. Learned counsel for
the petitioners further submits that it appears from the FIR and
seizure list that nothing has been recovered from the conscious
possession of the petitioner rather the recovery has been made
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from the house of co-accused person, namely, Akash Kumar and
except the aforesaid nothing has come during the investigation
to suggest the involvement of the petitioners in the present
occurrence.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for anticipatory bail of the
petitioners referring the provision contained in Section 76(2) of
the Bihar Prohibition and Excise Act and submitted that the
pre-arrest bail would not be maintainable.
6. This court is aware of the decision of the Full
Bench in the case of Ram Vinay Yadav vs. State of Bihar
reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid
down in the aforesaid judgment and the submission advanced on
behalf of the parties, this Court, for the limited purpose of grant
of anticipatory bail, is inclined to accept the submission of
counsel for the petitioners.
7. Considering the aforesaid facts, nothing has been
recovered from conscious possession of the petitioners and
name of the petitioners have transpired on the basis of
disclosure made by the apprehended co-accused person, namely,
Akash Kumar, let the petitioners, above named, in the event of
their arrest or surrender before the court below within a period
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of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Excise Court No.-I, East Champaran at
Motihari in connection with Kotwa P.S. Case No. 463 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure and with other following
conditions:-
1. Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
court and shall remain physically present as directed by the
court and on their absence on two consecutive dates without
sufficient reason, their bail bond shall be cancelled by the Court
below.
2. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
3. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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