Patna High Court
Kallu Khatik @ Kalu KhatikversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.
Summary
The petitioner, Kallu Khatik, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of ten litres of liquor from a public place. He contended that the liquor was not in his possession, the recovery site did not belong to him, and that the police had relied on a chowkidar’s statement without conducting a proper investigation. The State opposed the bail, arguing the seriousness of the offence. The High Court, considering the petitioner’s antecedent of two prior excise cases and the lack of concrete evidence, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the B.N.S.S. The order also stipulated that the trial court must verify the petitioner’s criminal antecedents, and if more than two prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the police investigation and reliance on a chowkidar’s statement justify denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 30(a)
- police investigation
- criminal antecedent
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89152 of 2025
Arising Out of PS. Case No.-1068 Year-2025 Thana- SIKARPUR District- West Champaran
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Kallu Khatik @ Kalu Khatik S/o Late Balkuwar Khatik @ Late Balkunwar
Khatik @ Late Balkunvar Khatik Resident of village - Pokhra Chowk,
Narkatiyaganj, P.S - Shikarpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 10 litres of liquor from Ward No.16,
Pokhra Crossing. 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 is accessible to
public at large and he came to be implicated at the instance of
Patna High Court CR. MISC. No.89152 of 2025(2) dt.05-01-2026
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Chowkidar. It is next submitted that if Chowkidar was aware of
the involvement of the petitioner in the occurrence then why he
did not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. 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
investigaion.
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-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Court-II, West Champaran at Bettiah in
connection with Shikarpur P.S. Case No.1068 of 2025, subject
to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.89152 of 2025(2) dt.05-01-2026
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7. 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 antecedents of more than two cases,
then 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 antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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