Patna High Court
Chandan Kumar @ Chandan RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the stipulated conditions.
Summary
The petitioners, Chandan Kumar and Mohan Kumar Ray, were implicated in a case under Sections 274, 275 of the Bihar Prohibition and Excise Act and Section 30(a) of its Amendment Act for allegedly recovering 170 litres of spirit and 2 litres of spurious liquor from a house not belonging to them. They claimed to have clean antecedents and argued that no liquor was found in their possession at the time of arrest. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of their criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would be presumed concealed and not confirmed; otherwise, the bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 482(2) of the Bihar Narcotic Substances Act in the present facts
- Whether the absence of possession and the petitioners' clean antecedent justify the grant of anticipatory bail
- Whether the FIR’s failure to disclose the informant undermines the prosecution’s case
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
- Section 274
- Section 275
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.814 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
1. Chandan Kumar @ Chandan Ray S/o Rajendra Ray @ Rajendra Prasad Ray
@ Rajindra Ray R/o village - Baruna Rasalpur , P.S - Sarairanjan , District -
Samastipur
2. Mohan Kumar Ray @ Mohan Kumar S/o Birbahadur Ray @ Birendra
Prasad Ray @ Birendra Ray @ Virendra Rai R/o Village - Baruna Rasalpur,
P.S - Sarairanjan, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 274, 275
BNS & Section 30(a) of Bihar Prohibition and Excise
Amendment Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 170 litres of spirit from the house of Sachin Rai
along with 2 litres of spurious liquor. It is next submitted that
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.814 of 2026(2) dt.19-01-2026
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recovery is from a place which does not belong to the
petitioners and the petitioners have no concern or relation with
Sachin and they came to be implicated at the instance of local
person but then the name of person who disclosed the name of
the petitioner is not disclosed in the FIR, which casts an
aspersion on the case of the prosecution when petitioners
admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) each 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
Sarairanjan P.S. Case No.202/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
Patna High Court CR. MISC. No.814 of 2026(2) dt.19-01-2026
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even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners are persons 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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