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Patna High Court

Chotu Kumar @ Anurag KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, subject to conditions and verification of antecedents.

Summary

Petitioners Chotu Kumar and Aniket Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 15.3 litres of liquor. They argued that they were not arrested at the spot, the liquor was recovered from a public place, and the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 each with two sureties, subject to verification of their criminal antecedents. The order stipulated that if petitioner No.1 is found to have more than one prior case or petitioner No.2 has any prior case, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the absence of arrest and the alleged recovery of liquor from a public place justify granting anticipatory bail.
  • Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • bail conditions
  • criminal antecedent
  • public place
  • liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40550 of 2026
                        Arising Out of PS. Case No.-283 Year-2026 Thana- RAMPUR District- Gaya
                 ======================================================
           1.     Chotu Kumar @ Anurag Kumar S/o Prabhat Ranjan @ Nigam Prasad
                  Resident of Village- Jail Road, Rampur, P.S.- Rampur, District- Gayaji
           2.    Aniket Kumar S/o Prabhat Ranjan @ Nigam Prasad Resident of Village- Jail
                 Road, Rampur, P.S.- Rampur, District- Gayaji

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Yadav
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of one case under the Excise

                   Act and petitioner no.2 is a person with clean antecedent and the

                   allegation is of recovery of 15.3 litres of liquor from a place

                   near bank of a canal.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.40550 of 2026(2) dt.23-06-2026
                                            2/3




          recovered from their conscious possession and even alleged

          recovery is from a place, which does not belong to the

          petitioners and is accessible to public at large and they came to

          be implicated at the instance of local person, but the name of the

          person, who disclosed the name of the petitioners is not

          disclosed in the F.I.R., which casts an aspersion on the case of

          the prosecution. Since petitioners have not been implicated

          based on secret information.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.5,000/- (Rupees Five Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Trial Court where the case is pending/ successor Court in

          connection with Rampur P. S. Case No.283 of 2026, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.40550 of 2026(2) dt.23-06-2026
                                                           3/3




                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioner no.1 has antecedent of more than

                         one case and petitioner no.2 has antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioner no.1 has antecedent of

                         only one case and petitioner no.2 is a person with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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