Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42788 of 2026 Arising Out of PS. Case No.-269 Year-2025 Thana- EXCISE UDAKISHUNGANJ DistrictMadhepura ====================================================== Chhotu Kumar S/O Late Kishor Prasad Sah R/O Village-Chandika Asthan Bihariganj, Ward No. 10, PS- Bihariganj, Distt-Madhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2026

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of five cases under the Excise Act and allegation is of recovery of 3.870 litres of liquor from Anshraj Hotel.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession.

5. It is further submitted that petitioner came to be implicated based on the fact that he is owner of the hotel from

Patna High Court CR. MISC. No.42788 of 2026(2) dt.03-07-2026 2/3 where the recovery was made. It is next submitted that customers in large number come to the hotel and it might be a possibility that some customers had come with meager amount of liquor without the knowledge of the petitioner but then petitioner in a mechanical manner came to be implicated as he was implicated earlier also in similar manner in cases relating to excise.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five 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 Udakishunganj Excise P.S. Case No. 269 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

8. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner

Patna High Court CR. MISC. No.42788 of 2026(2) dt.03-07-2026 3/3 and if it is found that petitioner has antecedent of more than five cases, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only five cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T