Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Chhotu Kumar, applied for anticipatory bail in a case where 1.5 litres of foreign liquor was seized from co-accused Ashish Kumar, who alleged that he purchased the liquor from the petitioner's betel shop. The petitioner's shop was raided but no incriminating material was found, and he claims no prior criminal record. The petitioner contended that the investigation failed to follow the procedure prescribed under Section 105 of the Bihar Narcotic Substances (B.N.S.S.) Act. The State opposed the bail, arguing the petitioner’s alleged involvement in the offence under Section 30(a) of the Bihar Prohibition and Excise Act. After hearing both sides, the court considered the lack of direct evidence against the petitioner and the procedural lapse claimed. The court ordered that the petitioner be released on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, if arrested within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in illegal liquor possession.
- Whether the investigation complied with the procedural requirements of Section 105 of the B.N.S.S. Act.
- Whether the petitioner’s lack of criminal antecedent and absence of incriminating material at his premises warrant bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. (Bihar Narcotic Substances) Act — s. 105
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- procedural lapse
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34828 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Champanagar District- Purnia
======================================================
Chhotu Kumar Son of Bechan Gupta Resident of Champa Nagar near High
School, P.S.- Champa Nagar, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through video-
conferencing.
2. This application for anticipatory bail arises out of
Champa Nagar P.S. Case No. 30 of 2026, registered for the
offence punishable under Sections 30(a) of Bihar Prohibition
and Excise Act.
3. As per the allegation, 1.5 liters of foreign liquor
was recovered from the conscious possession of co-accused
‘Ashish Kumar’. The name of the petitioner has surfaced in this
case on the confession of the said co-accused, who had
allegedly purchased the seized illicit liquor from the betal shop
of the petitioner.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.34828 of 2026(2) dt.20-05-2026
2/2
that the alleged recovery has been made from exclusive
possession of the co-accused ‘Ashish Kumar’. The name of the
petitioner has transpired on confession of the said co-accused
before the police while in police custody. It has further been
submitted that the betal shop of the petitioner was raided, but
nothing incriminating was found. It has further been submitted
that the procedure prescribed under Section 105 of the B.N.S.S.
has not been followed. It has lastly been submitted that the
petitioner has got no criminal antecedent.
5. Learned counsel for the State opposed the prayer of
anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge Excise Court No.I, Purnea
in connection with Champa Nagar P.S. Case No. 30 of 2026,
subject to the conditions as laid down under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita.
Pawan/- (Praveen Kumar, J)
U T
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