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Patna High Court

Chandan Kumar @ Chandan RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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