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Patna High Court

Chhotu Ray @ Ayush KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                       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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