Patna High Court
Chhotu Kumar @ Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Chhotu Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act. He argued that the case diary had not been produced since the case was taken up on 10-12-2025 and that he was not arrested on the spot nor was any liquor recovered from his possession. The prosecution’s case relied on a confessional statement of co‑accused Mukesh, which the petitioner contended lacked evidentiary value. The court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in the absence of a case diary and arrest.
- Whether a confessional statement of a co‑accused is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- case diary
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82386 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- RISIYAP District- Aurangabad
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Chhotu Kumar @ Prakash Kumar S/O Butan Paswan @ Upendra Paswan
R/O Village- Sundarganj, P.S- Risiup, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 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 Sections 30(a) and
41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
case was taken up on 10-12-2025, when case diary was called
for, but then the same till date has not been received.
4. The court will not wait endlessly for the case diary.
5. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 4.4 litres of liquor from a place in front of the house
of co-accused Mukesh.
6. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.82386 of 2025(3) dt.19-02-2026
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petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and petitioenr has no concern or relation with Mukesh, but then
he came to be implicated based on confessional statement of
Mukesh in police custody which does not have any evidentiary
value.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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.
10,000/- (Rupees Ten 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 Risiup
P.S. Case No. 115 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
9. 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
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than two 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 two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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