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2026 DAILYLAW 10726 (PAT)

Chandan Kumar @ Chandan Raj v. The State of Bihar

CR. MISC./14996/2026 · 2026-02-25

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14996 of 2026 Arising Out of PS. Case No.-370 Year-2025 Thana- PARSABAZAR District- Patna ====================================================== Chandan Kumar @ Chandan Raj S/O Naresh Kumar @ Naresh Prasad @ Naresh Prasad Yadav R/o- Gandhi Murti, Ward No. 30 P.s- Beur, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Parsa Bazar P.S. Case No. 370 of 2025, instituted for the offences punishable under Sections 25(1-b), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 220.05 liters liquor was recovered from rented room of the co-accused. It is alleged that 04 magazine, one country made pistol and four live cartridges have also been recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the Patna High Court CR. MISC. No.14996 of 2026(2) dt.25-02-2026 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The alleged recovery has been made from the rented house of co-accused Abhay Kumar. Apprehended co-accused disclosed the name of the petitioner. The petitioner has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 19-01-2026, passed in Cr. Misc. No. 1452 of 2026. 5. Learned APP for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. It is submitted that petitioner bears criminal antecedent of similar nature, hence, he does not deserve the privilege of anticipatory bail. 6. Considering the aforesaid facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for grant of anticipatory bail to the petitioner is hereby rejected. 7. However, if the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in Patna High Court CR. MISC. No.14996 of 2026(2) dt.25-02-2026 3/3 accordance with law without being prejudiced by the order of this Court. Raj Kishore/- (Rudra Prakash Mishra, J) U T