Chhotu Kumar @ Prakash Kumar v. The State of Bihar
Anticipatory bail – Sections 30(a) and 41, Bihar Excise Act
Case brief
What is this about?
Patna High Court, CRIMINAL MISCELLANEOUS No.82386 of 2025 (arising out of Risiup P.S. Case No. 115 of 2025, Thana Risiyap, District Aurangabad), decided 19-02-2026 by Satyavrat Verma, J. Petitioner Chhotu Kumar @ Prakash Kumar (counsel Mukul Kumari) sought anticipatory bail for offences under Sections 30(a) and 41 of the Bihar Excise Act; the State (A.P.P. Khurshid Anwar) opposed. Alleged recovery of 4.4 litres of liquor from a place in front of co-accused Mukesh's house; petitioner claimed no arrest from the spot and implication via custodial confession of co-accused. Case diary not received despite being called on 10-12-2025. Held: provisional anticipatory bail on arrest/surrender within six weeks with Rs. 10,000 bond and two like sureties, subject to Section 482(2) BNSS conditions; confirmation tied to antecedent verification (more than two cases = presumed concealment, not confirmed; two cases = confirmed forthwith). Keywords: anticipatory bail, provisional anticipatory bail, Bihar Excise Act, BNSS Section 482(2), case diary, criminal antecedents, liquor recovery.