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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no sufficient grounds to deny release.

Summary

Chandan Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 43 litres of country‑made liquor recovered from an open public area. The petitioner claimed innocence, stating that no incriminating material was found on him, he had no prior criminal record, and the liquor was recovered from a place accessible to the public. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of direct evidence and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court found no risk of flight or tampering with evidence and decided to grant bail. 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

  • What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Does the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the bail decision?
  • Is there sufficient evidence linking the petitioner to the recovered liquor to justify continued detention?

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • Section 30(a)
  • Section 103
  • custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1526 of 2026
                         Arising Out of PS. Case No.-593 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Chandan Kumar S/o- Om Prakash Yadav @ Gorakh Yadav R/0- Bahari
                 Begampur, Sidhe Bazar Chauraha Ps- Bypass Dist- Patna
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nityanand Kumar, Advocate
                 For the Opposite Party/s :        Mr.Mohammad Sufyan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Bypass

                   P.S. Case No. 593 of 2025, 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 43 liters

                   country made liquor was recovered from two plastic sacks.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner further submitted that the recovery has been

                   made from open place, which is accessible to public at large .
           Patna High Court CR. MISC. No.1526 of 2026(2) dt.19-01-2026
                                                       2/2




                     The petitioner is in custody since 02.12.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik 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 and 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 Bypass P.S. Case

                     No. 593 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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