Patna High Court
Chhotu Kumar @ Chhotu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.
Summary
Petitioner Chhotu Kumar sought anticipatory bail fearing arrest in a case (Katra P.S. Case No. 300 of 2025) under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, alleging that he was falsely implicated because the alleged illicit liquor was stored in a jointly owned house with his brother. The prosecution alleged that the petitioner fled the scene after his brother was caught with 30 litres of illicit liquor. The petitioner argued he had no involvement, a clean antecedent, and was named only due to joint ownership. The State opposed the bail. The High Court, applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S., granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including personal presence in court and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act.
- Whether the petitioner is likely to abscond, tamper with evidence, or repeat the alleged offence.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- illicit liquor
- joint property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11022 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- KATRA District- Muzaffarpur
======================================================
Chhotu Kumar @ Chhotu Chaudhary Son of Parmeshwar Chaudhary
Resident of Mohalla - Pahsaul, P.S.- Katra, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Katra P.S. Case No. 300 of 2025 registered for the offences
under Sections 274 and 275 of the B.N.S and under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution story, the allegation against
the petitioner is that he had fled from the place of occurrence from
where his brother was apprehended with 30 liters illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case and
merely because the house is a joint property along with the
apprehended co-accused, the petitioner has also been named in
the FIR. It has further been submitted that the petitioner has no
Patna High Court CR. MISC. No.11022 of 2026(2) dt.17-02-2026
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concern with the alleged seizure. It has lastly been submitted
that the petitioner carries clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(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 in connection with Katra P.S. Case No.
300 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
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the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage 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, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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