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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.

Summary

The petitioner, Chandan Kumar, applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act for the alleged recovery of 30 litres of liquor from an open area near his house. He argued that he has a clean antecedent, the liquor was not in his conscious possession, and the complaint was filed by a hostile watchman, raising doubts about the prosecution’s case. The State opposed the bail. The Court, applying Section 438(2) of the Criminal Procedure Code, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent. The order also required the petitioner to deposit Rs.1,500 with the Lawyers’ Association within two weeks. The application was allowed, with the proviso that if any prior case is discovered, the bail may be revoked.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 CrPC in a case under Section 30(a) of the Excise Act where the alleged contraband was not in the petitioner’s possession?
  • Whether the petitioner’s clean antecedent and the circumstances of the recovery justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4470 of 2026
                       Arising Out of PS. Case No.-222 Year-2025 Thana- KACCHWA District- Rohtas
                 ======================================================
                 Chandan Kumar S/o Rakesh Chaudhary @ Lakhamichand Choudhary
                 Resident of Village- Mangraw, P.S.- Kachchawa, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Nandani Kumari
                                                  Mr. Siddharth Harsh
                 For the Opposite Party/s:        Mr. Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 30 litres of liquor from an open space in front of

                   the house of the petitioner.

                                 4. The learned counsel for the petitioner submits that

                   petitioner was not arrested 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
Patna High Court CR. MISC. No.4470 of 2026(2) dt.31-01-2026
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          petitioner, but then, is accessible to public at large and he came

          to be implicated at the instance of Chaukidar with whom he is

          on an inimical term. It is further submitted that if Chaukidar was

          aware of the involvement of the petitioners in the occurrence,

          then why he did not inform the police prior to institution of the

          present F.I.R., which casts an aspersion on the case of the

          prosecution. It is next submitted that since the recovery was

          made from a place adjacent to the house of the petitioner, as

          such, the Chaukidar took the same as an opportunity to

          implicate the petitioner in the instant case.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Kachchawa P. S. Case No.222 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.4470 of 2026(2) dt.31-01-2026
                                                           3/3




                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner 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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Lawyers’ Association, Patna High Court, Patna within a period

                         of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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