Patna High Court
Chandan Kumar @ Chandan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as there is no substantive evidence linking the petitioner to the offence and he has a clean antecedent.
Summary
Chandan Kumar was arrested on 30 November 2025 in connection with a case involving the seizure of 100 litres of illicit country-made liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner claimed he had no prior criminal record and that the liquor was recovered from a hut, not from his personal possession, asserting that he was falsely implicated. The prosecution opposed bail, but the court noted the absence of any material linking the petitioner to the seized liquor and his clean antecedent. Considering these factors and the length of his custody, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of his criminal antecedent and provided for cancellation of bail if conditions were breached.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 in the absence of material evidence linking him to the seized liquor.
- Whether the fact that the seized liquor was not found in the accused's conscious possession warrants denial of bail.
Subjects
- bail
- prohibition and excise
- illicit liquor
- false implication
- clean antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15189 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- BAHADURPUR District- Patna
======================================================
Chandan Kumar @ Chandan Mahto Son of Late Lalmohan Mahto Permanent
Resident of Village- Bhagwanpur Rati, P.O. and P.S.- Vaishali, District-
Vaishali, Presently Residing at Shyam Mushari Jopadpatti, P.S.- Bahadurpur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Swetabh, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Surya Swetabh, learned counsel for the
petitioner and Ms. Pronoti Singh, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.11.2025 in connection with Bahadurpur P.S. Case No. 398 of
2025, F.I.R. dated 29.11.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 100 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
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the recovery has been made from the hut in question. He further
submits that the petitioner has no concern at all with the alleged
recovery of the illicit liquor or the hut in question and on the
basis of suspicion he has falsely been made accused in the
present case. He further submits that except suspicion, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present case. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
30.11.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from the conscious possession of the petitioner as
well as period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge-Excise Act, Patna City,
Patna in connection with Bahadurpur P.S. Case No. 398 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.o consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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