Patna High Court
Chhotu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Chhotu Kumar Singh, a co‑driver of a red truck, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 2000 litres of spirit were seized from the vehicle. He contended that he had no knowledge of the contraband, the seized vehicles did not belong to him, and no incriminating material was found in his possession. The State opposed the bail, but the court noted the petitioner’s lack of prior criminal record, the length of his pre‑trial custody since 30‑08‑2025, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court decided to grant bail. The bail was ordered on a bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition and excise
- Section 30
- pre‑trial custody
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75362 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- KASMA District- Aurangabad
======================================================
Chhotu Kumar Singh S/o Jageshwar Singh Resident of Village- Narchahi,
P.S.- Mali, District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kasma
P.S. Case No. 112/2025, instituted for the offences punishable
under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 2000 liters
spirit was recovered from truck and car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner is the
co-driver of the red colour truck and he has no knowledge about
the goods loaded on the truck. It is further submitted that seized
vehicles do not belong to the petitioner. The other co-accused
Patna High Court CR. MISC. No.75362 of 2025(3) dt.16-01-2026
2/2
has been granted bail vide order dated 11.11.2025 passed in
Criminal Miscellaneous No. 76555 of 2025. The petitioner is in
custody since 30.08.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kasma P.S. Case No.
112/2025,
(Rudra Prakash Mishra, J)
manish/-
U T
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