Patna High Court
Chhotu Ray @ Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s antecedents, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Chhotu Ray (Ayush Kumar), sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He argued that the alleged seizure of liquor and a motorcycle occurred at a location not owned by him and that he was not caught in possession, contending that the investigation was mechanically driven by local informants. The State opposed the bail, emphasizing the seriousness of the excise offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; if exactly four are confirmed, the bail would be affirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the petitioner’s alleged lack of possession and the nature of the investigation justify anticipatory bail.
- What conditions should be imposed on the grant of anticipatory bail, particularly concerning the petitioner’s criminal antecedents.
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27186 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- BARHARA District- Bhojpur
======================================================
Chhotu Ray @ Ayush Kumar S/o Gulshekhar Ray R/o vill - Lala Ke Tola,
P.S.- Barhara, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases, out of which, one case is
under the Excise Act and allegation is of recovery of 60 litres of
liquor from house of Ravi Chodhary 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 not the owner of the
seized vehicle and he came to be implicated at the instance of
Patna High Court CR. MISC. No.27186 of 2026(2) dt.23-04-2026
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local person but then it is submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.20,000/- (Rupees twenty thousand)
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 Barhara P.S. Case No.42/2026, 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 more than
four cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.27186 of 2026(2) dt.23-04-2026
3/3
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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