Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43550 of 2025 Arising Out of PS. Case No.-268 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Chandan Kumar Son of Laxman Prasad @ Laxman Prasad Ray Resident of Changar in front of Government School, Ashok Nagar Road No. 8A, Police Station - Kankarbagh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Kankarbagh P.S. Case no.268 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, 22.250 liters of country made liquor was recovered in an old abandoned apartment.
5. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case only on suspicion and also disclosure made by local chowkidar who has inimical terms with the petitioner. No recovery has been made from the physical or
Patna High Court CR. MISC. No.43550 of 2025(3) dt.04-08-2025 2/3 conscious possession of the petitioner. The petitioner undertakes to cooperate in the case/trial.
6. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that petitioner has four criminal antecedents. In response, learned counsel for the petitioner submits that he is on bail in the said cases.
7. At this stage, the petitioner has agreed to deposit an amount of Rs. 5,000/- in the account of Patna High Court Legal Services Committee, Patna bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
7. In view of the aforesaid facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kankarbagh P.S. Case no.268 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:-
Patna High Court CR. MISC. No.43550 of 2025(3) dt.04-08-2025 3/3 (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer of the present case on an interval of every 15 days till the investigation is concluded against him.
(III) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (IV) The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee.
(Soni Shrivastava, J) Harsh/- U T