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Patna High Court

Chhotu Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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