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Patna High Court

Chandan Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to conditions and verification of his antecedent.

Summary

The petitioner, Chandan Kumar Choudhary, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 60 litres of liquor from a motorcycle he owned. He argued that he had no knowledge of the liquor being in the vehicle and that he was not caught in possession, emphasizing his clean criminal record. The State opposed his request for anticipatory bail. The High Court, considering the lack of direct possession, the petitioner’s clean antecedent, and the principle that ownership alone does not prove guilt, granted provisional anticipatory bail subject to a modest bond and sureties, and conditioned the order on verification of his antecedents by the trial court. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act where he is alleged to be the owner of the vehicle from which liquor was recovered.
  • Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • ownership of vehicle
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88309 of 2025
                       Arising Out of PS. Case No.-377 Year-2024 Thana- Excise P.S. District- Banka
                 ======================================================
                 Chandan Kumar Choudhary S/O Bindeshwari Choudhary Resident of Village-
                 Makduma, Magduma, P.S- Amarpur, Distt.- Banka.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 60 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.88309 of 2025(3) dt.20-01-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged who also fled from the spot.

                       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 before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five hunded) 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 Banka Excise P.S.

          Case No. 377 of 2024 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 seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.88309 of 2025(3) dt.20-01-2026
                                                        3/3




                      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)
Rishabh/-

U      T


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