Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Chhotu Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 28.5 litres of liquor. He argued that he was not arrested at the spot, no liquor was found in his conscious possession, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, citing the petitioner’s antecedent of five prior cases. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.25,000 with two sureties, subject to verification of his criminal antecedent. It clarified that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
- Whether the petitioner’s antecedent of five prior cases precludes the grant of anticipatory bail.
- Whether the absence of recovery from conscious possession and the omission of the informant’s name in the FIR affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail conditions
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10106 of 2026
Arising Out of PS. Case No.-437 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Chhotu Kumar S/o Yogeshwar Pandit @ Jugeshwar Pandit Resident of
Mohalla - Bahadurpur, P.S- Bahadurpur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 five cases and allegation is of
recovery of 28.5 litres of liquor from a street near Shambhu
garage.
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 even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.10106 of 2026(3) dt.16-03-2026
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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, when
petitioner was not implicated based on secret information. It is
also submitted that off late, police has started implicating
accused having criminal antecedent in cases relating to Excise
for obvious reason without holding a proper investigation.
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.25,000/- (Rupees Twenty 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 Bahadurpur P. S. Case No.437 of 2025, subject
to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.10106 of 2026(3) dt.16-03-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than five cases,
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 five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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