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Patna High Court

Chandan JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted where the petitioner is not in possession of the seized goods, has a clean antecedent, and the allegations do not warrant immediate arrest, subject to verification of antecedents under Section 438(2) CrPC.

Summary

Chandan Jha, owner of one of several vehicles from which 4,725.72 litres of liquor were seized, applied for anticipatory bail fearing arrest under IPC sections 420 and 120(B) and Excise Act sections 30(a), 32(ii), 41(i). He argued he had no knowledge of the misuse of his vehicle, had a clean criminal record, and nothing was recovered from his personal possession. The State opposed the bail. The Court considered the submissions and, applying Section 438(2) of the CrPC, directed that the petitioner be released on provisional bail upon furnishing a modest bail bond and sureties, subject to verification of his antecedents by the trial court. The order stipulated that if any prior criminal case is discovered, the bail would be presumed concealed and could be cancelled; otherwise, the provisional bail would be confirmed. Thus, anticipatory bail was granted conditionally.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences under IPC and the Excise Act.
  • Whether the alleged involvement in the liquor seizure justifies denial of anticipatory bail.
  • Whether the petitioner's claim of a clean antecedent and lack of possession of the seized liquor affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC 420
  • IPC 120B
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73345 of 2025
                       Arising Out of PS. Case No.-112 Year-2023 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Chandan Jha Son of Jayanand Jha Resident of village - Ramkrishan, P. S -
                 Dubiyahi, District - Muzaffarpur At Present Plot No. 25 A, BLKD Najafgarh
                 Qutab, Vihar Phej 2 gola Dairy, Tajpur Khurd South West Delhi- 110071

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar
                 For the Opposite Party/s :        Mr. Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 420,

                   120(B) of the I.P.C. and Sections 30(a), 32(ii), 41(i) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and the

                   allegation is of recovery of 4725.72 litres of liquor from 13

                   vehicles and one motorcycle as detailed in the F.I.R.

                                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 he came to be
Patna High Court CR. MISC. No.73345 of 2025(2) dt.17-01-2026
                                            2/3




          implicated based on the fact that he is owner of one of the

          seized vehicles. It is next submitted that no prudent person

          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that Jogi Rai would misuse the vehicle in

          the manner as alleged.

                       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 bail on his furnishing bail-bonds in the sum of Rs.

          500/- (Rupees five hundred) 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 Patepur

          P. S. Case No.112 of 2023, subject to the conditions laid down

          under Section 438(2) of the Cr.P.C.

                       7. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one
             Patna High Court CR. MISC. No.73345 of 2025(2) dt.17-01-2026
                                                         3/3




                       case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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