Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to a bail bond, sureties, and verification of antecedents, with revocation if more than one prior case is discovered.
Summary
The petitioner, Chhotu Kumar, sought anticipatory bail in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that the alleged seizure of 455 litres of spirit was from land not belonging to him and that he had no conscious possession. He contended that the investigation was based solely on secret information without proper inquiry. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000, two sureties of equal amount, and verification of the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be revoked; otherwise, it would be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Advocates’ Association, Patna High Court.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the absence of conscious possession and reliance on secret information justify granting bail.
- What conditions, under Section 482(2) of the B.N.S.S., must be imposed on provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- secret information
- bail bond
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.796 of 2026
Arising Out of PS. Case No.-768 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Chhotu Kumar Son of Arvind Singh R/o Village - Aajan, P.S. -Madanpur,
District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 32(3) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 455 litres of spirit from a field
situated near the house of Karu Choudhary. 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 Karu Choudhary and he
came to be implicated based on secret information, which is the
Patna High Court CR. MISC. No.796 of 2026(3) dt.30-01-2026
2/3
easiest way to implicate someone. It is also 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Court of
Special Judge, Excise-II, Aurangabad in connection with Excise
P.S. Case No.768 of 2025 (G.R. No.1386 of 2025), subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
Patna High Court CR. MISC. No.796 of 2026(3) dt.30-01-2026
3/3
it 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 has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…