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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: in the event of their arrest or surrender before the court below within four weeks, to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara in connection with Khwaspur P.S. Case No.10 of 2026, subject to the conditions laid down under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners, named accused apprehending arrest in Khwaspur P.S. Case No.10 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Anticipatory bail granted: both petitioners, in the event of their arrest or surrender in the court below within four weeks, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each.

Ratio / Principle

The court took note that the recovery of illicit liquor prima facie does not appear to have been made from the conscious physical possession of these petitioners, which formed the basis for the grant of anticipatory bail.

Key takeaways

The release on bail is made subject to the conditions laid down under Section 438(2) of the CrPC / Section 482(2) of the BNSS.ratio¶28

Detailed headnote1 paragraphs

Anticipatory bail - S.438 CrPC / S.482 BNSS - Bihar Prohibition and Excise Act, S.30(a) - Khwaspur P.S. Case No.10 of 2026, District Bhojpur - Petitioners named in FIR alleging illegal trade/manufacturing of illicit liquor with recovery of 636 liters of IMFL/country-made liquor - Names transpired on disclosure of apprehended co-accused; recovery admittedly/prima facie not from conscious physical possession of petitioners - Petitioner no.1 involved in one other case and on bail; petitioner no.2 with clean antecedent - Held: in the event of arrest or surrender within four weeks, both petitioners directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara, subject to conditions under S.438(2) CrPC / S.482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38215 of 2026

Arising Out of PS. Case No.-10 Year-2026 Thana- Khawaspur District- Bhojpur

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

Chandan Singh S/o Visheshwar Singh @ Vijeshwar Singh,

Supan Mallah @ Supan Chaudhary, S/o Jagpal Chaudhary

Both are R/o Village-Piprapanti, P.S.- Krishnagarh, Distt.- Bhojpur

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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

For the Petitioner/s : Mr. Niraj Kumar Singh, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar, APP

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

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 09-06-2026

The defect as pointed out by the office may be

ignored for the present.

Both accused/petitioners are named in the FIR

and apprehending their arrest in connection with Khwaspur P.S. Case No.10 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioners is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 636 liters of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

petitioner that the name of petitioners has transpired in

Patna High Court CR. MISC. No.38215 of 2026(2) dt.09-06-2026 2/3

connection with the present recovery of illicit liquor on the basis of disclosure made by apprehended co-accused persons. It is submitted that admittedly the recovery was not made from conscious physical possession of the petitioners, Explaining criminal antecedent, it is submitted that petitioner no.1 found involved in one more criminal case, where he is on bail and petitioner no.2 claimed clean antecedent.

Learned APP opposed the prayer of anticipatory bail to the petitioners.

In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of these petitioners, accordingly, both petitioners, abovenamed, in the event of their arrest or surrender in the court below within a period of four weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara in connection with Khwaspur P.S. Case No.10 of 2026, subject to the

Patna High Court CR. MISC. No.38215 of 2026(2) dt.09-06-2026 3/3

conditions as laid down under Section 438(2) of the

CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Sanjeet/-

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