Patna High Court
Chhathu Kumar @ Chhotu Kumar @ Kallu @ Kalalu @ Kallu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner with specified conditions.
Summary
The petitioner, Chhathu Kumar, was implicated in a case (Sonepur P.S. Case No. 405 of 2026) for allegedly selling 15 litres of illicit liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, asserting his innocence and offering to donate Rs. 20,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner's submission, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties, a mandatory donation of Rs. 20,000 to the Ramakrishna Mission, and a condition to attend the police station every Sunday. The court clarified that its observations were prima facie and not a determination on the merits of the case. The bail order was issued under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a charitable donation and periodic police attendance, are permissible under law.
Legislation cited
- Bihar Negotiable Settlement System (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38317 of 2026
Arising Out of PS. Case No.-405 Year-2026 Thana- SONEPUR District- Saran
======================================================
Chhathu Kumar @ Chhotu Kumar @ Kallu @ Kalalu @ Kallu Kumar S/o
Late Laxman Chaudhary R/V- Gola Bazar, Praveja Canal, PS-Sonpur, Dist-
Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Sonepur P.S. Case No. 405 of 2026 registered for offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the petitioner is alleged
to have been selling 15 liters of illicit liquor and on being
raided, he fled away.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is ready to donate Rs.
20,000/- (Rupees Twenty Thousand Only) in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.38317 of 2026(2) dt.17-06-2026
2/3
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on 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 learned concerned
Court below in connection with Sonepur P.S. Case No. 405 of
2026 subject to the conditions as laid down under Section
482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 20,000/- (Rupees Twenty
Thousand Only) in Ramakrishna Mission
Ashrama, Latu Maharaj Path, Opp. Circuit
House, Chapra, Bihar and produce the
receipt of the same before the Court below.
The bail bonds of the petitioner shall be
accepted after verifying the genuineness of
the receipt produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance at Sonepur Police
Station on every Sunday of each month.
Patna High Court CR. MISC. No.38317 of 2026(2) dt.17-06-2026
3/3
Failure to do so, will result in cancellation
of bail bond of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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