Patna High Court
Chandan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Chandan Kumar Yadav, a driver, was arrested in connection with a case where 846 litres of foreign liquor were seized from a truck, alleged to violate Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act and Section 3(5) of the BNS. He contended that he had no knowledge of the goods, possessed no incriminating material, and had a clean criminal record, also noting non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of direct evidence against the driver, his clean antecedents, and the period already spent in custody, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the driver accused under the Bihar Prohibition and Excise Act and BNS provisions.
- Whether the absence of compliance with Section 103 of the BNSS, 2023, warrants denial of bail.
Legislation cited
- BNS — s. 3(5)
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- driver liability
- criminal procedure
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1054 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- Fakuli District- Muzaffarpur
======================================================
Chandan Kumar Yadav S/o Late Ramjanm Ray @ Late Ramjanam Ray R/o
vill - Kataru Fatehpur, P.s.- Belsar, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Fakuli PS
Case No. 90 of 2025 instituted for the offences under Sections
30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act and
Section 3(5) of the BNS.
3. The prosecution case, in short, is that 846 liters of
foreign liquor was recovered from the truck.
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 has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.1054 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the petitioner is the driver of the
vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle. The petitioner is in custody
since 07.12.2025 and has got clean criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Fakuli PS Case No. 90 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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