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Patna High Court

Chhathu Kumar @ Chhotu Kumar @ Kallu @ Kalalu @ Kallu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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
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                                              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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