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Patna High Court

Chhotu @ Chhotu Kumar @ Chhotelal RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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
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                         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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