Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Chandan Kumar, was implicated in a case alleging the recovery of 235.35 litres of liquor from a vehicle he owned, under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, asserting a clean antecedent and claiming he was unaware that his driver misused the vehicle. The State opposed the bail, arguing the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and directed verification of the petitioner’s criminal antecedents. The order was made under Section 482(2) of the B.N.S.S., with a condition that the bail would be confirmed only if the petitioner is found to have a clean record. If any antecedent is discovered, the provisional bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether ownership of the vehicle alone suffices to establish culpability under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Section 41(1)
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90596 of 2025
Arising Out of PS. Case No.-188 Year-2025 Thana- Bhararhi District- Madhepura
======================================================
Chandan Kumar Son of Ashok Pandit R/o Village - Fulaut, Ward No. 07, P.S.
- Chausa, District -Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 offence punishable under Sections 30(a) and
41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 235.35 litres of liquor from a car. It is next
submitted that 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
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implicated. It is also submitted that the petitioner was
completely unaware that his driver would misuse his vehicle in
the manner as alleged.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 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) 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
Madhepura (Bharrahi) P.S. Case No.188/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.90596 of 2025(2) dt.08-01-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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