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Patna High Court

Chandrashekhar Singh @ C. D. Singh @ Chandeshwar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

Petitioner Chandrashekhar Singh sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for alleged recovery of 7.38 litres of liquor from a motorcycle. He argued that the liquor was not in his conscious possession, he did not own the vehicle, and the case was based solely on a confessional statement of another person made in police custody. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.10,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted when the alleged offence is based on a confessional statement and there is no seizure from the accused's possession.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • seizure
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62877 of 2025
                   Arising Out of PS. Case No.-272 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Chandrashekhar Singh @ C. D. Singh @ Chandeshwar Singh S/o Sri
                 Manager Singh R/o Village - Bagahi, Ahirani Tola, Nath Baba Chowk, P.S -
                 Bairiya, District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. Petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                  3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 7.38 litres of liquor from a

                   motorcycle. It is next submitted 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 vehicle

                   and he came to be implicated based on confessional statement of

                   Santosh Yadav in police custody which does not have any
Patna High Court CR. MISC. No.62877 of 2025(3) dt.06-01-2026
                                            2/3




          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.

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

          application.

                         5. 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.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise-I, West Champaran at Bettiah in

          connection with Bairiya P.S. Case No.272 of 2025, subject to

          the conditions laid down under Section 482(2) of the B.N.S.S.

                         6. The application stands allowed.

                         7. 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 antecedents of more than two cases,
               Patna High Court CR. MISC. No.62877 of 2025(3) dt.06-01-2026
                                                           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 antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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