Chotu Jha @ Ritik Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49406 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- SUPPI District- Sitamarhi ====================================================== Chotu Jha @ Ritik Kumar S/o Raj Kishore Jha R/o Village- Rampur Kand, P.s.- Suppi, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar For the Opposite Party/s :
Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 972 litres of liquor from a bush near bank of a river.
4. The learned counsel for the petitioner submits 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
Patna High Court CR. MISC. No.49406 of 2025(2) dt.11-08-2025 2/3 at the instance of Chaukidar. It is also submitted that in most of the cases, innocent persons are being implicated by the police either at the instance of Chaukidar, local people, secret information and confessional statement in a mechanical manner without holding a proper investigation.
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.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Sitamarhi in connection with Suppi P. S. Case No.109 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
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 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
Patna High Court CR. MISC. No.49406 of 2025(2) dt.11-08-2025 3/3 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) vikash/- U T