Patna High Court

Viplav Chaterji @ Biplab ChaterjeeversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioners.

Summary

The petitioners, Viplav Chaterji and Mirinmoy Das, were arrested in connection with an excise case alleging possession of 483.840 litres of liquor recovered from a DCM truck and an XUV-500 vehicle, violating Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were merely driver and co‑driver, had no ownership of the vehicle, no liquor was found in their possession, and they had no prior criminal record. The State opposed bail, while the petitioners argued false implication and the non‑application of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the circumstances, the court found merit in the bail application. The court ordered the release of both petitioners on bail, each to furnish a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 are applicable to deny bail.
Whether the petitioners were falsely implicated and have no incriminating article in their possession.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
Bihar Prohibition and Excise Act
false implication
Section 103
Bharatiya Nagarika Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12723 of 2026
                    Arising Out of PS. Case No.-2108 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
           1.     Viplav Chaterji @ Biplab Chaterjee S/o- Late Babloo Chaterji R/v- Malda
                  Purana W.No-7, Ps- Purana Maldah Dist- Maldah, W.B
           2.    Mirinmoy Das @ Mirin Moy Das S/o- Late Manu Das R/v- Malda W.No-2,
                 Ps- English Bazar Dist- Maldah W.B

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sagar Kumar, Advocate
                                                    Mr. Hemand Ray, Advocate
                 For the Opposite Party/s :         Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Excise

                   P.S. Case No. 2108 of 2025 instituted for the offences

                   punishable under Section 30(a), 32(3) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 483.840

                   litres of liquor was recovered from DCM truck and XUV-500

                   vehicle.

                               4. Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.

                   No incriminating article has been recovered from the conscious
           Patna High Court CR. MISC. No.12723 of 2026(2) dt.24-02-2026
                                                       2/2




                     possession of the petitioners. Learned counsel further submitted

                     that petitioners are not the owner of the vehicle. It is further

                     submitted that petitioner no.1 is the driver of the vehicle in

                     question whereas petitioner no.2 is the co-driver and both the

                     petitioners have got no concern with the loaded articles/liquor.

                     The petitioners are in custody since 20.12.2025 and have no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                6. Considering the aforesaid facts and circumstances of

                     the case and the period of custody undergone by the petitioners,

                     this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise P.S. Case No.

                     2108 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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