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Patna High Court

Chhotu Kumar Singh @ Amarjeet Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions, pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Chhotu Kumar Singh, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of ten litres of liquor from an orchard belonging to Arun Singh. He asserted that he has a clean criminal record, was not arrested at the spot, had no possession of the liquor, and had no relationship with the orchard owner. The State opposed the bail, contending that the allegations warranted detention. The Court examined the petitioner's clean antecedent and the lack of direct possession, and applied the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 and two sureties, and directed the trial court to verify the petitioner’s antecedent before confirming the order. If any prior case is discovered, the provisional bail will not be confirmed; otherwise it will be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the petitioner’s clean antecedent and lack of possession justify release on bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21200 of 2026
                     Arising Out of PS. Case No.-98 Year-2025 Thana- Raghuvanshnagar District- Purnia
                 ======================================================
                 Chhotu Kumar Singh @ Amarjeet Kumar Singh Son of Shambhu Prasad
                 Singh Resident of Village- Aurlaha, P.S.- Raghubansh Nagar, District- Purnea
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Pooja Prasad, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from an orchard of Arun Singh.

                                4. 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 the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern or relation with Arun Singh. It is

                   further submitted that petitioner came to be implicated at the

                   instance of the Chawkidar and local person but then it is
Patna High Court CR. MISC. No.21200 of 2026(2) dt.01-04-2026
                                            2/3




          submitted that in majority of the cases, the police implicate

          either at the instance of the Chawkidar, local person,

          confessional statement or secret information without holding a

          proper investigation of the case, when petitioner admittedly is a

          person with clean antecedent.

                       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.500/- (Rupees Five Hundred) 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 Raghubansh Nagar P.S. Case No. 98 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. However, 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 even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.21200 of 2026(2) dt.01-04-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

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

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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