Patna High Court
Chandan Kumar @ Tiger @ Chandan Kumar Tiger @ Chandan GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a case (Dalmia Nagar P.S. Case No. 2 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 75 litres of liquor near a canal. The petitioner contended that he was falsely implicated, no liquor was found in his possession, and the recovery occurred in a public open area, further asserting that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed the bail application, maintaining that the petitioner was involved in the offence. The Court examined the lack of direct incriminating material against the petitioner, his custody period since 20‑01‑2026, and his single prior criminal antecedent. Considering these circumstances, the Court found no compelling reason to keep the petitioner detained and decided to grant bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner was falsely implicated and lacks direct incriminating evidence.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14584 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- DALMIYA NAGAR SAHAYAK District-
Rohtas
======================================================
Chandan Kumar @ Tiger @ Chandan Kumar Tiger @ Chandan Gupta S/o
Late Satyendra Prasad @ Satendra Gupta Resident of Village- Gangauli, P.S.
Dalmia Nagar, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Rabindra 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 Dalmia
Nagar P.S. Case No. 2 of 2026 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 75 litres
of liquor has been recovered near canal.
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 rather the recovery has been made
Patna High Court CR. MISC. No.14584 of 2026(2) dt.25-02-2026
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from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 20.01.2026 and has one
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 Dalmia Nagar P.S.
Case No. 2 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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