Patna High Court
Chhotu Kumar Singh @ Amarjeet Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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