Authority: High Court of Judicature at Patna

Order Date: 03-07-2026

Case Overview

  • Petitioner: Chhotu Kumar, son of Late Kishor Prasad Sah, resident of Village Chandika Asthan, Bihariganj, Ward No. 10, PS‑Bihariganj, District Madhepura.
  • Opposite Party: State of Bihar, represented by learned Additional Public Prosecutor (A.P.P.).
  • Case Numbers: Criminal Miscellaneous No. 42788 of 2026; arising from PS Case No. 269 of 2025, Thana‑Excise Udakishunganj, District‑Madhepura.
  • Allegation: Offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018; alleged recovery of 3.870 litres of liquor from Anshraj Hotel.
  • Petitioner’s Antecedent: Five prior cases under the Excise Act; petitioner was not arrested at the spot and no liquor was found in his conscious possession.
  • Legal Argument: Counsel for petitioner argued that ownership of the hotel, not personal possession, led to implication; customers may have brought liquor without his knowledge.
  • State Position: A.P.P. opposed anticipatory bail.

Court Reasoning & Order

  • The Court, after hearing counsel, granted provisional anticipatory bail to the petitioner, conditional upon:

1. Arrest or surrender within six weeks from the date of the order.

2. Furnishing bail bonds of Rs 25,000 (Twenty‑five Thousand Rupees) each, with two sureties of the same amount, to the satisfaction of the Trial Court where the case is pending/Successor Court (Udakishunganj Excise PS Case No. 269 of 2025).

3. Compliance with the conditions laid down under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Instruments (Security) Act.

  • The Court directed that the Trial Court shall verify the petitioner’s criminal antecedent:
  • If the verification shows more than five prior cases, it will be presumed that the petitioner concealed his antecedent, and the provisional anticipatory bail order will not be confirmed.
  • If the verification confirms only five prior cases, the provisional anticipatory bail order will be confirmed forthwith.

Final Outcome

  • Provisional anticipatory bail granted subject to the above‑stated conditions and verification of antecedent.

Topics: Anticipatory Bail, Excise Law, Criminal Procedure