Patna High Court
Chhotu Das @ Dhirendra DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of the petitioner’s antecedent and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Chhotu Das, sought anticipatory bail in a case registered under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from his shop and a motorcycle. He argued that he has a clean antecedent, the liquor was not found in his immediate possession, and that he was implicated due to an inimical relationship with a chowkidar. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S. The order is conditional on verification of the petitioner’s antecedent; if any prior case is found, the bail may be withdrawn, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedent and the circumstances of the alleged recovery justify the grant of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 482
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91911 of 2025
Arising Out of PS. Case No.-130 Year-2025 Thana- Manikpur District- Lakhisarai
======================================================
Chhotu Das @ Dhirendra Das S/O Late Arjun Das Resident of Village-
Lakshmipur, P.S.- Manikpur, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Irshad, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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(iii) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30 litres of liquor from shop of the petitioner and 10
litres of liquor from a motorcycle. It is next submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is owner of a
Chowmin shop which is an open shop and customers come in
large numbers and it appears that someone fearing the police
concealed the liquor near his shop and petitioner in a
Patna High Court CR. MISC. No.91911 of 2025(2) dt.13-01-2026
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mechanical manner came to be implicated. It is also submitted
that no prudent person would use his own premises for
committing an occurrence and thus, would create evidence
against himself and, at the same time, shall bring disrepute to
his business. It is reiterated and submitted that petitioner is a
person with clean antecedent and he came to be implicated at
the instance of Chowkidar with whom he is on an inimical term.
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.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned A.D.J.-IV,
Lakhisarai in connection with Manikpur P.S. Case No.130 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 bonds of the petitioner shall verify
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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 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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