Patna High Court
Chhotu Kumar @ Chhotu ThatheraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 If any antecedent is found, the bail may be withdrawn; otherwise, it will be confirmed.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
- B.N.S.S. — s. 482(2)
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
2/3
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
3/3
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
Checking your session…