Patna High Court
CR. MISC./57028/2026 of Chandan Kumar @ Chandan Sah Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57028 of 2026 Arising Out of PS. Case No.-349 Year-2026 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Chandan Kumar @ Chandan Sah Son of Kishun Sah @ Dipa Sah Resident of Village-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57028 of 2026
Arising Out of PS. Case No.-349 Year-2026 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================
Chandan Kumar @ Chandan Sah Son of Kishun Sah @ Dipa Sah Resident of Village- Dhekaha Laxman Tola, P.S.- Muffasil, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Abhishek Kumar
For the Opposite Party/s :
Ms.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
18-08-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 51.135 litres of liquor from shop of the petitioner.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that no prudent person would use his own shop for committing a Patna High Court CR. MISC. No.57028 of 2026(2) dt.18-08-2026
crime and thus, would create evidence against himself and hence, would get implicated and at the same time, shall bring disrepute to his business. It is further submitted that the shop is visited by the customers and it appears that some customer out of fear of the police kept the liquor near the door of the shop when it came to be seized and petitioner came to be implicated at the instance of local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. opposes the anticipatory bail application.
6. 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, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.5,000/- (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 Muffasil P. S. Case No.349 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.57028 of 2026(2) dt.18-08-2026
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and 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 obtaining anticipatory bail had concealed his 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 has antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
vikash/- (Satyavrat Verma, J) U T