Patna High Court
Chhotak Musahar @ Chotak Mushahar @ Kariya MusaharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Chhotak Musahar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that 20 litres of liquor were recovered from an open field not under his possession. He argued that the chowkidar who implicated him did not inform police earlier, casting doubt on the prosecution's case, and that the police mechanically implicate individuals in excise matters without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The court stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed immediately. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged recovery and the role of the chowkidar justify granting bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- police investigation
- criminal antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1856 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- MURAR District- Buxar
======================================================
Chhotak Musahar @ Chotak Mushahar @ Kariya Musahar S/o- Late Hari
Musahar Village- Chaugain Musahar Toli PS- Murar Distt- Buxar, P/A-
Chandpali Bind Dera Ps- Simri Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Adv
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 20 litres of liquor from a bag kept in
an open field.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.1856 of 2026(2) dt.22-01-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees
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 Murar P.S. Case No.
93 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
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shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
sanjay/-
U T
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