Patna High Court
Chhotu Singh @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated.
Summary
The petitioner, Chhotu Singh, was named in an FIR for allegedly possessing 105 litres of illicit liquor and engaging in illegal manufacturing under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his name was implicated solely on the basis of a co-accused's suspicion and that no liquor was recovered from his conscious physical possession. The State opposed his request for anticipatory bail. The Court observed that the recovery did not appear to be from the petitioner's conscious possession and, considering his clean antecedents, directed that he be granted anticipatory bail upon surrendering within four weeks, furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order thus provides relief to the petitioner while ensuring compliance with procedural safeguards.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the B.N.S.S. in view of the alleged possession of illicit liquor.
- Whether the recovery of illicit liquor can be said to have been made from the petitioner's conscious physical possession.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36653 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Chhotu Singh @ Chhotu Kumar S/O Merkhu Singh @ Merakhu Singh R/O
Village- Alamnagar Ganiyari Tola, Ward no. 04, P.S- Alamnagar, District-
Madhepura.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Udakishunganj
Excise P.S. Case No. 28 of 2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The allegation against the petitioner is to have in
possession of 105 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that name of this petitioner was transpired on the
basis of suspicion arising out of disclosure made by
apprehended co-accused, namely, Dablu Kumar. It is pointed out
Patna High Court CR. MISC. No.36653 of 2026(2) dt.08-06-2026
2/2
that admittedly recovery of illicit liquor was not made from
conscious physical possession of this petitioner, who is a man of
clean antecedent.
5. Mr. Kalyan Shankar, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from conscious physical possession of
this petitioner, who is a man of clean antecedent, accordingly,
above-named petitioner, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned DASJ-VII-cum-Special Judge, Excise-II,
Madhepura/concerned court in connection with Udakishunganj
Excise P.S. Case No. 28 of 2026, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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