Created by Fuzzy Cloud

Patna High Court

Chhotu Yadav @ Chotu Kumar@chhatu kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Chhotu Yadav, feared arrest in a case (Chakmehsi P.S. Case No. 157 of 2023) under Section 30(a) of the Bihar Prohibition and Excise Act after 284.4 litres of liquor were seized from two vehicles. He contended that he was neither the owner nor the driver of the vehicles and that his name was implicated only through a co‑accused’s confessional statement, which he argued lacked evidentiary value. The petitioner also highlighted his clean record and noted that another co‑accused had already been granted anticipatory bail in a related matter. The State opposed the bail, but the Court observed that there was no prima facie case against the petitioner and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. Consequently, the Court ordered anticipatory bail with conditions under Section 482(2) of the same Act, requiring bail bonds and sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the prosecution has established a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a prerequisite for granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • Section 482(2)
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14605 of 2026
                   Arising Out of PS. Case No.-157 Year-2023 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Chhotu Yadav @ Chotu Kumar@chhatu kumar S/O Ramshobhit Yadav
                 Resident of village- Jurkha Barheta, Police Station- Kalyanpur, District-
                 Samastipur.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, 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 arrest in connection with

                   Chakmehsi P.S. Case No. 157 of 2023, registered under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 284.4 liters

                   liquor was recovered from two vehicles.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no concern with the alleged

                   recovery of liquor. Learned counsel for the petitioner also

                   submitted that the petitioner neither owner nor driver of the

                   vehicles in question. It is next submitted that name of the

                   petitioner has transpired in this case on the basis of confessional

                   statement made by co-accused person and the same has got no
             Patna High Court CR. MISC. No.14605 of 2026(2) dt.25-02-2026
                                                         2/2




                       evidentiary value. Learned counsel for the petitioner, therefore,

                       contends that prima-facie, no case is made out against the

                       petitioner. The petitioner has got no criminal antecedent.

                       Learned counsel for the petitioner further submits that other co-

                       accused has been granted anticipatory bail by this Court vide

                       order dated 19.04.2024 passed in Cr. Misc. No. 27820 of 2024.

                       There is no compliance of Section 103 of the Bharatiya Nagarik

                       Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Chakmehsi P.S. Case

                       No. 157 of 2023, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.