Chandan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73345 of 2025 Arising Out of PS. Case No.-112 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Chandan Jha Son of Jayanand Jha Resident of village - Ramkrishan, P. S - Dubiyahi, District - Muzaffarpur At Present Plot No. 25 A, BLKD Najafgarh Qutab, Vihar Phej 2 gola Dairy, Tajpur Khurd South West Delhi- 110071 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar For the Opposite Party/s :
Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2026
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 120(B) of the I.P.C. and Sections 30(a), 32(ii), 41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 4725.72 litres of liquor from 13 vehicles and one motorcycle as detailed in the F.I.R.
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 and he came to be
Patna High Court CR. MISC. No.73345 of 2025(2) dt.17-01-2026 2/3 implicated based on the fact that he is owner of one of the seized vehicles. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that Jogi Rai would misuse the vehicle in the manner as alleged.
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 bail on his furnishing bail-bonds in the sum 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 Patepur P. S. Case No.112 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one
Patna High Court CR. MISC. No.73345 of 2025(2) dt.17-01-2026 3/3 case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification 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) amit/- U T