Created by Fuzzy Cloud

Patna High Court

Chhotu Kumar @ Amarjeet @ Amarjeet Kumar @ Amarjeet AryanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his antecedents.

Summary

The petitioner, Chhotu Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 423 litres of liquor from a location near Vinay Kumar's house. He contended that he was not caught in possession, that the recovery was from a place not belonging to him, and that he was falsely implicated by a chowkidar, especially given his prior two excise cases. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a deposit of Rs.5,000 with the Advocates’ Association, subject to verification of his criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • police investigation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5790 of 2026
                       Arising Out of PS. Case No.-357 Year-2025 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Chhotu Kumar @ Amarjeet @ Amarjeet Kumar @ Amarjeet Aryan Son of
                 Munna Prasad Sharma R/o Village -Gandhi Chowk Sampatchak PS
                 -Pirbahore Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases out of which two cases

                   are under the excise act and allegation is of recovery of 423

                   liters of liquor from a place near the boundary of the house of

                   Vinay Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.5790 of 2026(2) dt.03-02-2026
                                            2/3




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

          and petitioner has no concern or relation with Vinay and he

          came to be implicated at the instance of Chowkidar, but then it

          is submitted that once an accused is implicated in a case relating

          to excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation. It is

          also submitted that at times Chowkidars in order to save the real

          culprits, falsely implicate accused who carry antecedent under

          the excise act.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15,000/- (Rupees Fifteen Thousand) 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 Pirbahor

          P.S. Case No. 357 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.5790 of 2026(2) dt.03-02-2026
                                                        3/3




                                   7. It is made clear that thereafter the learned Trial

                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than three cases then it would be presumed that petitioner, for

                      the purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5000/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.