Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90044 of 2025 Arising Out of PS. Case No.-501 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Chhotu Kumar S/O Late Nitish Singh R/O Vill.- Panhas, P.s.- Anandpur, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-12-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 501 of 2025 dated 17.11.2025 registered under Section 30(a), 32(3) & 45 of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the first information report Police on the basis of secret information reached at the house of the petitioner and saw an auto bearing registration no. BR09PA8908 and two motorcycles bearing registration no. BR09AB3178 & BR09AU2336 parked nearby and four to five persons were unloading illegal foreign liquor from the said auto. On search, a total quantity of 81 liters of foreign liquor has been recovered from the seized vehicles.

4. Learned counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.90044 of 2025(2) dt.24-12-2025 2/3 innocent and has falsely been implicated in this case inasmuch as he has not committed any offence in the manner alleged. The name of the petitioner has been disclosed by the local villagers as the person who run away from the place of occurrence. The petitioner is not the owner of the auto in question and he has been made accused mainly because his motorcycle was parked nearby the auto on the road. Illicit liquor has not been recovered from the conscious possession and / or vehicle belonging to the petitioner. The petitioner has no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the name of the petitioner has transpired on the basis of disclosure made by local villagers, illicit liquor has not been recovered from the conscious possession and / or vehicle belonging to the petitioner and the petitioner has no criminal antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge-II, Begusarai in connection with Excise P.S. Case No.

Patna High Court CR. MISC. No.90044 of 2025(2) dt.24-12-2025 3/3 501 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U