Patna High Court
Chandraveer Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application conditionally, subject to verification of the petitioner’s criminal antecedent.
Summary
Chandraveer Kumar Rai applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 11,160 litres of liquor from a car. The petitioner argued that he was not arrested at the scene, had no conscious possession of the liquor, was not the owner of the vehicle, and that the sole evidence against him was a confessional statement made by Brajesh in police custody, which he claimed lacked evidentiary value. The State opposed the bail, highlighting the petitioner’s antecedent of five prior Excise cases. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.25,000 with two sureties and appear before the trial court within six weeks. The court directed the trial court to verify the petitioner’s criminal antecedent and stipulated that if more than five prior cases are found, the bail would be revoked; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his antecedent of five prior Excise cases and the nature of the evidence (confessional statement) against him.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- criminal antecedent
- confessional statement
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45332 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- Hattha District- Muzaffarpur
======================================================
Chandraveer Kumar Rai S/o Ramlakhan Rai Resident of Village- Saidpur,
Police Station- Chakmehsi, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 has antecedent of five cases under the Excise Act
and allegation is of recovery of 11.160 litres of liquor from a
car.
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 is not the owner of
the seized car and he came to be implicated based on
confessional statement of Brajesh in police custody which does
Patna High Court CR. MISC. No.45332 of 2026(2) dt.08-07-2026
2/3
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
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.25,000/- (Rupees Twenty Five Thousand) 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 Hattha P. S. Case No.45 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
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 more than five cases,
Patna High Court CR. MISC. No.45332 of 2026(2) dt.08-07-2026
3/3
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 has antecedent of five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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