Patna High Court

Chhotu Ram @ Maruti KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner's antecedent, with confirmation only if he is found to have a clean record.

Summary

The petitioner, Chhotu Ram (Maruti Kumar), feared arrest in a case registered under Sections 30(a) and 36 of the Bihar Excise Act for allegedly recovering 40 litres of liquor from a plastic bag. He asserted that he has a clean antecedent, that the alleged liquor was not in his conscious possession, and that the location of the bag was a public place unrelated to him. The State opposed his prayer for anticipatory bail. The Court examined the submissions and, noting the lack of direct possession and the petitioner's clean record, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of his antecedent. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision was made under the powers conferred by Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
Whether the alleged recovery of liquor from a public place establishes sufficient grounds for arrest.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
clean antecedent
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91051 of 2025
                      Arising Out of PS. Case No.-488 Year-2023 Thana- GAURICHAK District- Patna
                 ======================================================
                 Chhotu Ram @ Maruti Kumar Son of Binod Ram @ Binod Kumar @ Vinod
                 Ram R/o Village - Usfa, Police Station - Gaurichak, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Singh
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026               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

                   36 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from a plastic bag.

                             4.    Learned counsel for the petitioner submits that the

                   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 is accessible to public at large and he has no concern with

                   the plastic bag, but then he came to be implicated based on
Patna High Court CR. MISC. No.91051 of 2025(2) dt.12-01-2026
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          secret information which is the easiest way to implicate

          someone, when petitioner admittedly is a person with clean

          antecedent.

                   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.

          500/- (Rupees Five Hundred) 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

          Gourichak P.S. Case No. 488 of 2023 subject to the conditions

          as laid down under Section 482(2) of the BNSS.

                   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 even

          one case 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
              Patna High Court CR. MISC. No.91051 of 2025(2) dt.12-01-2026
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                        verification if it is found that petitioner is a person with clean

                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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