Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
A person with a clean antecedent, not arrested at the spot, and whose vehicle was used without his knowledge is entitled to provisional anticipatory bail, subject to verification of antecedent.
Summary
Chandan Kumar, the owner of a truck from which 5,200 litres of spirit were allegedly seized, faced charges under IPC sections 372, 373, 420, 120B and several provisions of the Bihar Excise Act. He contended that he had a clean antecedent, was not arrested at the spot, and was unaware that his driver had misused his vehicle. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 500 bond and two sureties, subject to verification of his criminal antecedent by the trial court. If any antecedent is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether ownership of the vehicle used in the alleged excise offence justifies denial of bail
- Whether the petitioner’s claim of a clean antecedent and lack of knowledge of the driver’s actions affect the bail decision
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 372, 373, 420
Subjects
- anticipatory bail
- bail
- excise offence
- vehicle seizure
- clean antecedent
- Section 438 CrPC
- Section 482 CrPC
- criminal procedure
- IPC
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83882 of 2025
Arising Out of PS. Case No.-203 Year-2021 Thana- DARIYAPUR District- Saran
======================================================
Chandan Kumar Son of Shivjee Prasad Yadav Resident of Village- Krishna
Toli Ward No. 2, P.S.- Brahmpura, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Mr. Hemand Ray, Advocate
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 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 Section 372, 373,
420, 120B of IPC and Section 30(a), 33, 36 and 41(i) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
case was taken up on 18-12-2025, when case diary was called
for, but then the supplementary case diary has been received.
4. The court will not wait endlessly for the case diary.
5. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 5200 litres of spirit from a truck.
Patna High Court CR. MISC. No.83882 of 2025(3) dt.19-02-2026
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6. 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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. 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
and at the same time shall bring disrepute to his business, it is
further submitted that petitioner was completely unaware that
his driver Pramod would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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 Dariyarpur P.S. Case No. 203 of 2021, subject
to the conditions as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.83882 of 2025(3) dt.19-02-2026
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BNSS.
9. 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
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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