Patna High Court
Chunchun Kumar @ Chunchun MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Chunchun Kumar, was implicated in a case under the Bihar Excise Act for the alleged recovery of 582.84 litres of liquor from a seized pickup and motorcycle. He asserted that he has a clean antecedent, was not in possession of the seized vehicles, and was implicated only through a hostile chowkidar who failed to inform police earlier. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties of the same amount, directing the trial court to verify the petitioner’s antecedent. If any prior case is found, the bail may be cancelled; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the excise offence case where he claims no possession and a clean antecedent.
- Whether the prosecution’s evidence is sufficient given the petitioner’s alleged lack of ownership of the seized vehicles.
- What conditions under Section 482(2) of the BNSS must be imposed for provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- clean antecedent
- provisional bail
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79740 of 2025
Arising Out of PS. Case No.-159 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Chunchun Kumar @ Chunchun Mahto S/O Rambali Mahto R/O Vill.-
Khanjahanpur, P.S.- Cheriyabariyarpur, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 16-03-2026 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 Sections 30(a),
32(2)(3), 41(1)(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 582.84 litres of liquor from a pickup vehicle and a
motorcycle was seized.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested 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 implicated at the
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instance of Chowkidar with whom he is on an inimical term. It
is next submitted that if the Chowkidar was aware about the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution, when
petitioner admittedly is a person with clean antecedent and the
person who was apprehended has not dislcosed his name.
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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds 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 Cheriya Bariyarpur P.S. Case No. 159 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 even one case
then it would be presumed that petitioner, for the purposes of
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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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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