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Patna High Court

Chhotu Kumar @ Mantu Singh @ Mantu Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a monetary bond and conditions for verification of his criminal antecedent.

Summary

The petitioner, Chhotu Kumar, was implicated in a case involving the seizure of 1,311.2 litres of illicit liquor, three firearms and seven live cartridges near a pond, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 25(a‑b)a, 26 and 35 of the Arms Act. The petitioner claimed he was not present at the site, had a clean criminal record, and that the seized items were not in his possession nor located in his property. The State opposed the grant of anticipatory bail, while the petitioner’s counsel sought relief on the basis of innocence and lack of antecedent. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the Bihar Non‑Suo‑Sponte (BNSS) Act, 2023, directing the trial court to verify the petitioner’s antecedent and cancel bail if concealment is discovered. The order also directed that the bail bond be accepted without delay for verification purposes.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses
  • Applicability of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and the relevant sections of the Arms Act in denying bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Arms Act
  • illicit liquor
  • criminal antecedent
  • bail conditions
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21915 of 2026
                        Arising Out of PS. Case No.-26 Year-2026 Thana- SIKRAUL District- Buxar
                 ======================================================
                 Chhotu Kumar @ Mantu Singh @ Mantu Kumar Singh S/o Jagdamba Singh
                 @ Jagdamba Yadav R/o Village- Paharpur, PS- Sikraul, District- Buxar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satyapal Singh, Adv.
                 For the Opposite Party/s :       Mr.Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                         Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Sikraul P.S. Case No.26 of 2026, for the offence punishable

                   under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022 read with Sections 25(a-b)a/26/35 of

                   the Arms Act.

                                3. As per the prosecution, the total recovery of 1311.2

                   litres of illicit liquor, three fire arms and seven live cartridges

                   have alleged to be made near a Pokhra, which is the subject

                   matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that petitioner was not present on the place of
Patna High Court CR. MISC. No.21915 of 2026(2) dt.08-04-2026
                                            2/3




          occurrence and his name has been transpired on the basis of

          reliable source. Counsel further submits that criminal antecedent

          of the petitioner is clean. He further submits that the recovery

          has not been made in conscious possession of the petitioner. He

          further submits that the said recovery of arms has been made

          from a strange hut which does not belong to him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is clean.

                       6.As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          learned Court below within a period of 4 weeks from today, on

          furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

          as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

          satisfaction of Exclusive Special Judge Excise Court No.2,

          Buxar in connection with Sikraul P.S. Case No.26 of 2026,

          subject to the conditions as laid down U/s 482(2) of the BNSS,

          2023.

                       And further condition that the Trial Court shall verify

          the criminal antecedent of the petitioner and in case at any stage

          it is found that the petitioner has concealed his criminal
          Patna High Court CR. MISC. No.21915 of 2026(2) dt.08-04-2026
                                                      3/3




                    antecedent, the Trial Court shall take step for cancellation of

                    bail bond of the petitioner. However, the acceptance of bail

                    bonds in terms of the above-mentioned order shall not be

                    delayed for purpose of or in the name of verification.



                                                               (Dr. Anshuman, J)
Prakashmani/-

U


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