Patna High Court
Chandan Kumar Ray @ Chandn Ray @ Chandan Ray @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Chandan Kumar Ray, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 171 litres of liquor from five motorcycles, though he was not caught in possession and is not the owner of the vehicles. The prosecution’s case relied on a confessional statement of another accused in police custody, which the petitioner argued lacks evidentiary value. He sought anticipatory bail, citing his antecedent of seven prior cases, six of which are also under the excise law. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.35,000 with two sureties and a condition that the trial court verify his criminal antecedent. If the verification shows more than seven prior cases, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order also required the petitioner to deposit Rs.5,000 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the evidence is a confessional statement of another accused.
- Whether the petitioner’s criminal antecedent of seven cases affects the grant of anticipatory bail.
- Whether Section 482(2) of the BNSS permits the provisional grant of anticipatory bail pending verification of antecedent.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30(a)
- Bihar Excise Act
- Section 482(2)
- BNSS
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4673 of 2026
Arising Out of PS. Case No.-263 Year-2025 Thana- BELA District- Sitamarhi
======================================================
Chandan Kumar Ray @ Chandn Ray @ Chandan Ray @ Chandan Kumar S/o
Late Ram Babu Ray R/o Village- Sirsiya Bazar @ Sirsiya, P.S- Bela, Dist-
Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases out of which six cases
are under the excise act and allegation is of recovery of 171
liters of liquor from five different motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles and he came to be
Patna High Court CR. MISC. No.4673 of 2026(2) dt.31-01-2026
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implicated based on confessional statement of apprehended
accused in police custody which does not have any evidentiary
value. It is also submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
35,000/- (Rupees Thirty 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
Bela P.S. Case No. 263 of 2025 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.4673 of 2026(2) dt.31-01-2026
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than seven cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of seven
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
5000/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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