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Patna High Court

Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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