Chandan Srivastava @ Chandan Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1824 of 2026 Arising Out of PS. Case No.-405 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== Chandan Srivastava @ Chandan Kumar Srivastava S/O Amar Nath Srivastava Resident of Village- Bhimpur Road, Ambedkar Nagar, P.O- Deoria, P.S.- Kotwali Deoria, District Deoria (U.P.).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Premchandra Yadav For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2026 1.

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

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 2365.375 litres of liquor from a pickup vehicle. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use

Patna High Court CR. MISC. No.1824 of 2026(2) dt.22-01-2026 2/3 his own vehicle for committing an occurrence 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 petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged. 5.

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

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Mariwan P.S. Case No. 405 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even 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

Patna High Court CR. MISC. No.1824 of 2026(2) dt.22-01-2026 3/3 confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sumit/- U T