Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions, with confirmation contingent upon verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Chandan Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 1,300 litres of liquor from a motorcycle he owned. He argued that he was not in possession of the liquor nor aware that the vehicle would be used for the alleged offence, and therefore should not be liable. The State opposed his request for anticipatory bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and a condition that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if only two, the provisional bail will be confirmed. The petitioner was also directed to deposit Rs.2,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC when he is merely the owner of the vehicle and not in possession of the contraband.
- Whether the existence of more than two prior criminal cases disqualifies the petitioner from obtaining anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30(a) Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5077 of 2026
Arising Out of PS. Case No.-818 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Chandan Kumar S/o Ashok Ray R/o Village - Jahangirpur, P.S - Sonpur,
District - Saran (Wrongly given Vaishali in Impugned Order)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 two cases under the excise act and
allegation is of recovery of 1.300 liters of liquor from a
motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Manish would misuse the vehicle in the manner as alleged
who was also apprehended from the spot.
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.
10,000/- (Rupees Ten 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 Hajipur
Town P.S. Case No. 818 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
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.5077 of 2026(2) dt.02-02-2026
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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 two
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.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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