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Patna High Court

Chhathu Kumar @ Chhotu Kumar @ Kalalu @ KalluversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Chhathu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the liquor recovered was from premises unrelated to him and that a confessional statement obtained in police custody lacked evidentiary value. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and a requirement to deposit Rs.2,500 with the Lawyers’ Association. The trial court was directed to verify the petitioner’s criminal antecedents, with the bail to be confirmed if only one prior case is found, but to be withdrawn if more than one antecedent is discovered. The order was made under Section 482(2) of the B.N.S.S., emphasizing the need for proper investigation before arrest.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the confessional statement obtained in police custody can be relied upon as evidence.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • confessional statement
  • Section 30(a)
  • Section 482(2)
  • bail conditions
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5876 of 2026
                        Arising Out of PS. Case No.-10 Year-2026 Thana- SONEPUR District- Saran
                 ======================================================
                 Chhathu Kumar @ Chhotu Kumar @ Kalalu @ Kallu Son of Late Laxman
                 Chaudhary Resident of village- Gola Bazar PS- Sonpur Dist -Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 178 litres of liquor from house of

                   Bablu and from a place near the house of Surendra. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

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

                   petitioner and he has no concern or relation with Bablu and

                   Surendra and came to be implicated based on confessional
Patna High Court CR. MISC. No.5876 of 2026(2) dt.03-02-2026
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          statement of apprehended accused in police custody which does

          not have any evidentiary value. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       5. 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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees five 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 Sonepur

          P.S. Case No.10/2026, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.5876 of 2026(2) dt.03-02-2026
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                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.

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

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.2500/- with Lawyers’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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