Patna High Court
Chandan JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32(ii), 41(i)
- Indian Penal Code — s. 120(B), 420
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
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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
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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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