Patna High Court
Chandan Kumar Poddar @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Chandan Kumar Poddar was arrested in connection with a case alleging possession of 199.635 litres of liquor recovered from a pickup vehicle, invoking Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no incriminating article in his possession, no link to the vehicle, no prior criminal record, and that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of direct evidence against the petitioner and the procedural lapse, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The petitioner was ordered to be released on bail pending further trial.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s alleged lack of connection to the recovered liquor and vehicle justifies bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
Subjects
- bail
- prohibition and excise
- liquor seizure
- Section 103
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14577 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- Roshna District- Katihar
======================================================
Chandan Kumar Poddar @ Chandan Kumar S/O Kailash Poddar Resident Of
- Basgara (Gerabari) P.s- Kodha, Distirct- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Wasi Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Roshna
P.S. Case No. 107 of 2025 instituted for the offences punishable
under Sections 30(a), 41, 47 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 199.635
litres of liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.14577 of 2026(2) dt.25-02-2026
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question or the alleged recovery of liquor. The petitioner is in
custody since 27.01.2026 and has 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 Roshna P.S. Case
No. 107 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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