Chhotu Kumar @ Chhotu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73594 of 2025 Arising Out of PS. Case No.-460 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== 1.

Chhotu Kumar @ Chhotu Paswan S/O Arvind Paswan Resident of VillageRikhar, P.S.- Lalganj, Dist.- Vaishali. 2.

Chunchun Kumar @ Chunchun Paswan S/O Arvind Paswan Resident of Village- Rikhar, P.S.- Lalganj, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126, 115(2), 132, 3(5) of the B.N.S. and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 5 litres of liquor from the house of Arvind Paswan. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and house in question is a joint family property as

Patna High Court CR. MISC. No.73594 of 2025(2) dt.01-11-2025 2/3 such it cannot be alleged with certainty that it were the petitioners, who had kept the liquor in the house or the liquor kept in the house was within their knowledge and they came to be implicated merely for the reason that they are son of Arvind.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) each 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 Lalganj P.S. Case No.460/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of even one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if

Patna High Court CR. MISC. No.73594 of 2025(2) dt.01-11-2025 3/3 on verification it is found that petitioners are persons with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T