Patna High Court
Chhotu Sah @ Thepi @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to conditions and verification of antecedents, under Section 482(2) of the applicable statute.
Summary
The petitioner, Chhotu Sah, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for alleged recovery of 6.9 litres of liquor. He was not arrested at the scene and no liquor was found in his possession; the alleged recovery occurred at a public place and the complaint was made by a hostile chowkidar. The petitioner sought anticipatory bail, arguing lack of direct evidence and questioning the police investigation. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of the petitioner’s criminal antecedents, with the order to be confirmed or set aside based on that verification.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s alleged antecedent cases affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- criminal antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29815 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- KHAIRA District- Saran
======================================================
Chhotu Sah @ Thepi @ Chhotu Kumar S/O Arun Sah R/V Khaira, P.S-
Khaira, Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 6.900 litres of liquor from a place
near Khaira Purani Bazar. 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 he came to be implicated at the
instance of chowkidar with whom he is on an inimical term. It is
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also submitted that if chowkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is also 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.10,000/- (Rupees ten 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 Khaira P.S. Case No.33/2026, 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
Patna High Court CR. MISC. No.29815 of 2026(2) dt.05-05-2026
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two 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
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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