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Chandan Kumar v. The State of Bihar

Patna HC21 Apr 2026CR. MISC./25245/2026

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No. 25245 of 2026; Chandan Kumar v. The State of Bihar; anticipatory bail; provisional anticipatory bail; Section 30(a) Bihar Excise Act; Section 482(2) BNSS; 294 liters liquor recovery from bank of Ganga; Khajekala P.S. Case No. 102 of 2026; concealment of antecedents; bail bond Rs. 5,000 with two sureties; Justice Satyavrat Verma; order dated 21-04-2026.

What did the court decide?

Provisional anticipatory bail granted: petitioner to be released on arrest or surrender before the learned Trial Court within six weeks, on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; confirmation contingent on Trial Court verification of criminal antecedents (one case only - confirm forthwith; more than one case - presumed concealment, not confirmed).

Chandan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Khajekala P.S. Case No. 102 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Excise Act, should be released on anticipatory bail.

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Court's answer

In the event of arrest or surrender before the learned Trial Court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each, to the satisfaction of the learned Trial Court where the case is pending/successor court, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

The learned Trial Court shall thereafter verify the criminal antecedent of the petitioner; if it is found that the petitioner has antecedent of more than one case, it would be presumed that he concealed his antecedents before this Court for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If, after verification, it is found that the petitioner has antecedent of one case only, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Satyavrat Verma, J.) grants PROVISIONAL anticipatory bail to a petitioner apprehending arrest in Khajekala P.S. Case No. 102 of 2026 registered under Section 30(a) of the Bihar Excise Act, wherein the allegation is recovery of 294 liters of liquor from the bank of the Ganga river and the petitioner claims one prior Excise Act antecedent. Upon arrest or surrender within six weeks, the petitioner is to be released on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS. Confirmation of the provisional bail is made conditional on the Trial Court verifying the petitioner's criminal antecedents: if more than one case is found, concealment is presumed and the order shall not be confirmed; if only one case is found, the order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25245 of 2026

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Arising Out of PS. Case No.-102 Year-2026 Thana- KHAJEKALA District- Patna

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Chandan Kumar Son of Vijay Rai Resident of village- Nauzar Ghat, PsKhajekala, Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 21-04-2026

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 294 liters of liquor from bank of Ganga river.

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Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated

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Patna High Court CR. MISC. No.25245 of 2026(2) dt.21-04-2026 2/3

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at the instance of local person, but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar , local person, confessional statement or secret information without holding a proper investigation.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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. 5000/- (Rupees Five Thousand) 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 Khajekala P.S. Case No. 102 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and

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Patna High Court CR. MISC. No.25245 of 2026(2) dt.21-04-2026 3/3

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in the event if it is found that petitioner has antecedent of more than 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 has antecedent of one case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

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What the court decided

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