Chhotu Singh @ Chhotelal KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14475 of 2026
                      Arising Out of PS. Case No.-1042 Year-2025 Thana- Excise P.S. District- Nawada
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                 Chhotu Singh @ Chhotelal Kumar S/O Mango Singh @ Madho Singh R/O
                 Village- Champakali Hothochak, P.S- Rajauli, Distt.- Nawada.
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   47 of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases out of which five cases are

                   under the Excise Act and allegation is of recovery of 770 litres

                   of liquor from seven different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated at the instance of the local person but

                   then the name of the person who disclosed the name of the
Patna High Court CR. MISC. No.14475 of 2026(2) dt.13-03-2026
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          petitioner is not disclosed in the FIR which casts an aspersion

          on the case of the prosecution. It is next submitted that once an

          accused is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case as

          is seen in many of the cases.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.30,000/- (Rupees Thirty 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 Excise P.S. Case No. 1042 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than six cases,
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                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only six cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T