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Patna High Court

Chhotu Kumar @ Chhotu ThatheraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of antecedents, under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Chhotu Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 900 litres of liquor and seizure of a motorcycle. He contended that he has a clean antecedent, was not arrested at the spot, and that the alleged contraband was recovered from a public place not belonging to him, with the informant’s identity undisclosed in the FIR. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedents. If any antecedent is found, the bail may be withdrawn; otherwise, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession of the alleged contraband justify granting bail.
  • Whether the trial court should be directed to verify the petitioner’s criminal antecedents as a condition of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25540 of 2026
                      Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Chhotu Kumar @ Chhotu Thathera Son of Nanhak Sahani @ Nagendra Sahni
                 Resident Of Village- Nuruddinganj Ghat, Kinare, Ps- Malsalami, Dist -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Prasad Singh
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 900 litres of liquor from Damrahi ghat and a

                   motorcycle was seized. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from

                   his conscious possession and even alleged recovery is from a

                   place which does not belong to the petitioner and is accessible

                   to public at large and is not the owner of the seized vehicle and

                   he came to be implicated at the instance of local person but then
Patna High Court CR. MISC. No.25540 of 2026(2) dt.21-04-2026
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          the name of the person who disclosed the name of the petitioner

          is not disclosed in the FIR which casts an aspersion on the case

          of the prosecution when petitioner has not been implicated

          based on secret information and is a person with clean

          antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Malsalami P.S. Case No.114/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.25540 of 2026(2) dt.21-04-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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