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Patna High Court

Chandraveer Kumar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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