Patna High Court
Chhotu @ Chhotu Kumar @ Chhotelal RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his antecedent as per Section 438(2) CrPC.
Summary
The petitioner, Chhotu Kumar, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for allegedly recovering 55 litres of liquor from a public pond. The petitioner claimed a clean antecedent and argued that the alleged liquor was not in his possession and that the complainant, a watchman, failed to inform police earlier. The State opposed the bail. The court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to conditions under Section 438(2) of the CrPC, and further verification of his antecedent by the trial court. The court ordered the petitioner to deposit Rs.1500 with the Lawyers’ Association within two weeks. The anticipatory bail was granted conditionally, pending verification of the petitioner’s clean record.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act involving alleged recovery of liquor from a public pond.
- Whether the petitioner’s claim of a clean antecedent and lack of possession justifies the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- liquor recovery
- clean antecedent
- Section 438 CrPC
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5162 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- GHOSWARI District- Patna
======================================================
Chhotu @ Chhotu Kumar @ Chhotelal Ram S/O Balmiki Ram R/O Village-
Dhanadov @ Dhanakdobh, Police Station- Ghoswari, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjana .
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 55 litres of liquor from a government pond.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a pond, which does not belong to the
government and is accessible to public at large and he came to
be implicated at the instance of Chaukidar with whom he is on
Patna High Court CR. MISC. No.5162 of 2026(2) dt.30-01-2026
2/3
an inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioners in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Ghoswari P. S. Case No.121 of 2025, 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
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.5162 of 2026(2) dt.30-01-2026
3/3
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Lawyers’ Association, Patna High Court, Patna within a period
of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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