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2026 DAILYLAW 13993 (PAT)

Chhotu Kumar v. The State of Bihar

CR. MISC./34828/2026 · 2026-05-20

Praveen Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34828 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- Champanagar District- Purnia ====================================================== Chhotu Kumar Son of Bechan Gupta Resident of Champa Nagar near High School, P.S.- Champa Nagar, District- Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Ahmad Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video- conferencing. 2. This application for anticipatory bail arises out of Champa Nagar P.S. Case No. 30 of 2026, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act. 3. As per the allegation, 1.5 liters of foreign liquor was recovered from the conscious possession of co-accused ‘Ashish Kumar’. The name of the petitioner has surfaced in this case on the confession of the said co-accused, who had allegedly purchased the seized illicit liquor from the betal shop of the petitioner. 4. Learned counsel for the petitioner has submitted Patna High Court CR. MISC. No.34828 of 2026(2) dt.20-05-2026 2/2 that the alleged recovery has been made from exclusive possession of the co-accused ‘Ashish Kumar’. The name of the petitioner has transpired on confession of the said co-accused before the police while in police custody. It has further been submitted that the betal shop of the petitioner was raided, but nothing incriminating was found. It has further been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. It has lastly been submitted that the petitioner has got no criminal antecedent. 5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner. 6. Heard the parties and perused the record. 7. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No.I, Purnea in connection with Champa Nagar P.S. Case No. 30 of 2026, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. Pawan/- (Praveen Kumar, J) U T