Chhotelal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53281 of 2025 Arising Out of PS. Case No.-176 Year-2025 Thana- PAHARPUR District- East Champaran ====================================================== Chhotelal Sah S/O Gauri Sah Resident of Village- Pakariya, P.S.- Paharpur, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2025 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 Section 111(3) of BNS and Sections 30(a), 30(b), 30(C), 41(1) and 52 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 7 litres of liquor from hut of Chokati Manji along with 2.10 quintal of jaggery and 1.35 quintal of Nausadar from the ware house of petitioner along with 90 kg of jaggery and 3 kg of Nausadar from the motorcycle of Harendra. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.53281 of 2025(5) dt.18-12-2025 2/3 recovered from his conscious possession and the ware house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner who had kept the articles in the ware house or the articles kept in the ware house was within knowledge of the petitioner and he came to be implicated based on confessional statement of Harendra in police custody which does not have any evidentiary value.

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. 5,000/- (Rupees 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 Paharpur P.S. Case No. 176 of 2025, 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 more

Patna High Court CR. MISC. No.53281 of 2025(5) dt.18-12-2025 3/3 than 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 verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T