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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for anticipatory bail is allowed, subject to conditions and verification of the petitioners' criminal antecedents.

Summary

Petitioners Chandan Kumar and Chhotu Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 40 litres of liquor. They argued that they were not arrested at the spot, did not have possession of the liquor, and were implicated by a watchman who failed to inform police earlier. The State opposed the bail, citing their prior criminal antecedents—three cases for petitioner 1 (two under the Excise Act) and one case for petitioner 2. The Court granted provisional anticipatory bail subject to a Rs 1,000 bail bond with two sureties each, and directed verification of their antecedents. It held that if verification shows the antecedents exceed the disclosed numbers, the bail would be cancelled; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted in a case under Section 30(a) of the Excise Act given the petitioners' prior criminal antecedents.
  • Whether the alleged involvement of a watchman and lack of immediate arrest affect the grant of bail.
  • Whether the disclosed antecedent details are sufficient for the Court to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91305 of 2025
                     Arising Out of PS. Case No.-364 Year-2024 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
           1.     Chandan Kumar S/O Tiro Yadav @ Piro Yadav R/O Vill.- Raghunathpur,P.S-
                  Sahebpur Kamal,Dist- Begusarai
           2.    Chhotu Kumar S/O Tiro Yadav @ Piro Yadav R/O Vill.- Raghunathpur,P.S-
                 Sahebpur Kamal,Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar Yadav
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of three cases out of which

                   two cases are under the Excise Act and petitioner no.2 has

                   antecedent of one case and the allegation is of recovery of 40

                   litres of liquor from near a brick-kiln

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.91305 of 2025(2) dt.12-01-2026
                                            2/3




          recovered from their conscious possession and are not the owner

          of the brick-kiln and he came to be implicated at the instance of

          Chaukidar. It is further submitted that if Chaukidar was aware of

          the involvement of the petitioners in the occurrence, then why

          he did not inform the police prior to institution of the present

          F.I.R., which casts an aspersion on the case of the prosecution. It

          is next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding proper investigation without holding a

          proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. 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, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs. 1,000/- (Rupees One Thousand) 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 Sahebpur Kamal P. S. Case No.364 of 2024,
               Patna High Court CR. MISC. No.91305 of 2025(2) dt.12-01-2026
                                                           3/3




                         subject to the conditions laid down under Section 438(2) of the

                         Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioner no.1 has antecedent of more than

                         three cases and petitioner no.2 has antecedent of more than one

                         case, then it would be presumed that petitioners for the purposes

                         of obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioner no.1 has antecedent of

                         three cases only and petitioner no.2 has antecedent of one case

                         only, in that event, the provisional anticipatory bail order shall

                         be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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