Patna High Court

Chandan KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Chandan Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 220 litres of liquor from a bush. He claimed innocence, arguing that no incriminating material was found in his possession and that his name was derived solely from a co‑accused’s statement, which lacks evidentiary value. The petition also highlighted the lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed the bail application. The Court, after considering the circumstances, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs 15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, affects the bail application.
The evidentiary value of the co‑accused’s statement linking the petitioner to the recovered liquor.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
bail
Section 30
Bihar Prohibition and Excise Act
Section 103
Bihar Narcotic Substances (Suppression) Act
Section 482
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11276 of 2026
                       Arising Out of PS. Case No.-15 Year-2026 Thana- NARHATT District- Nawada
                 ======================================================
                 Chandan Kumar Son of Sudheshwar Chaudhary Resident of Village -
                 Chandelbag P.S.- Narhat District -Nawada     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pushp Raj Singh, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner is apprehending arrest in Narhat P.S.

                   case No. 15 of 2026 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution allegation, in short, is that 220

                   liters liquor was recovered from bush.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no criminal antecedent. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired on the basis of disclosure made

                   by apprehended co-accused which has no evidentiary value. The

                   recovery is made from open place which is easily accessible to
           Patna High Court CR. MISC. No.11276 of 2026(2) dt.13-02-2026
                                                        2/2




                     one and all. The petitioner has got no knowledge and concern

                     with the alleged recovery of liquor. Learned counsel, therefore,

                     submits that prima facie, no case is made out against the

                     petitioner. There is no compliance of Section 103 of B.N.S.S.,

                     2023. Co-accused has been granted regular bail by this Bench

                     vide order dated 02.02.2026 passed in Cr. Misc. No. 6584 of

                     2026.

                                 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,

                     let the petitioner, above named, in the event of arrest/surrender

                     before the learned court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.15,000/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction   of   the   Court

                     below/concerned Court in connection with Narhat P.S. case No.

                     15 of 2026, subject to the conditions as laid down under Section

                     482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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