Patna High Court
Chandan @ Chhotu @ ChhotiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to verification of their criminal antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioners Chandan and Kariman sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 129 litres of liquor from a vehicle. They argued they had no conscious possession, were not owners of the seized vehicle, and the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing the trial court to verify the petitioners' criminal antecedents before confirming the bail. If petitioner No.1 is found to have any antecedent or petitioner No.2 more than four cases, the bail would not be confirmed. If the antecedents are as claimed, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of disclosure of the informant in the FIR and the petitioners' alleged non-possession of the liquor justify anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- FIR
- liquor seizure
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91326 of 2025
Arising Out of PS. Case No.-370 Year-2025 Thana- BHAGWAN BAZAR District- Saran
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1. Chandan @ Chhotu @ Chhoti son of Nand Kumar Rai Resident of village-
Bari Devi, Daulatganj, Ps- Bhagwan Bazar, Dist- Saran at Chapra
2. Kariman Rai @ Amrendra Kumar son of Ganesh Rai Resident of Village
-Jantola Ps- Bhagwan Bazar District- Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tejpratap Singh
For the Opposite Party/s : Ms. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 is a person with clean antecedent and petitioner
no.2 has antecedent of four cases and allegation is of recovery
of 129 litres of liquor from a vehicle. It is next submitted that
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not the
owners of the seized vehicle and they came to be implicated at
Patna High Court CR. MISC. No.91326 of 2025(2) dt.12-01-2026
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the instance of local person but then the name of person who
disclosed the name of the petitioners is not disclosed in the FIR
which casts an aspersion on the case of the prosecution.
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.20,000/- (Rupees twenty 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
Bhagwan Bazar P.S. Case No.370/2025, 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 petitioner no.1 has antecedent
of even one case and petitioner no.2 has antecedent of more than
four cases, 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
Patna High Court CR. MISC. No.91326 of 2025(2) dt.12-01-2026
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but if after verification it is found that petitioner no.1 is a person
with clean antecedent and petitioner no.2 has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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