Patna High Court

Chikku KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions prescribed under the B.N.S.S., 2023.

Summary

The petitioner, Chikku Kumar, was implicated in a case (PS No. 704 of 2025) for alleged possession of 5 litres of illicit country-made liquor seized from a scooty he owned. The FIR charges under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022 were filed against the vehicle's owner and driver. The petitioner claimed he had lent the scooty to a friend and had no knowledge of the contraband, seeking anticipatory bail. The State opposed the bail, citing the seriousness of the offence and the petitioner's pending criminal case. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023, directing compliance with the District & Additional Sessions Judge.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the B.N.S.S., 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
Whether the petitioner’s lack of knowledge and ownership of the vehicle justify bail despite the alleged offence under Sections 30(a) and 41

Legislation cited

B.N.S.S., 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
illicit liquor
excise law
Bihar Prohibition and Excise Act
B.N.S.S. 2023
Section 30(a)
Section 41
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15733 of 2026
                        Arising Out of PS. Case No.-704 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Chikku Kumar S/o - Krishna Paswan @ Krishna Kumar R/V- Naisari, P.s.-
                 Bihar, District- Nalanda at Present R/V Doctor Toli, Ward no. 7, Mokamah,
                 P.s.- Mokama, Dist.- Patna.
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Kumari Sujata Sinha, Advocate
                 For the Opposite Party/s :        Ms. Gulnar Begum, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bihar P.S. Case No. 704 of 2025 lodged on 29.12.2025, for

                   the offence punishable under Sections 30(a) & 41 of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   the owner and driver of a vehicle (scooty). The recovery of 5

                   litres of illicit country made liquor has been made, which is the

                   subject matter of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that the recovery of alleged country made liquor has

                   been made from a scooty and petitioner is the owner of the said

                   scooty. He submits that the petitioner has given his scooty to his
             Patna High Court CR. MISC. No.15733 of 2026(2) dt.25-03-2026
                                                         2/2




                       friend and in the meanwhile the said scooty was seized and

                       petitioner had no knowledge about the occurrence. Counsel

                       submits that the petitioner shall ensure that such mistake does

                       not occur in future. Counsel further submits that the criminal

                       antecedent of the petitioner is not clean as there is one case

                       pending against him in which he is on bail.

                                    5. Learned APP for the State opposes the prayer for

                       bail of the petitioner.

                                    6. In the present facts and circumstances of this case,

                       let the above named petitioner be released on anticipatory bail,

                       in the event of arrest or surrender before the Trial Court within a

                       period of 4 weeks from today, on furnishing bail bond of

                       Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

                       2(1)(d) of the B.N.S.S., 2023 to the satisfaction of District &

                       Additional Sessions Judge-V-cum-Special Judge (Excise)-I,

                       Nalanda at Biharsharif, in connection with Bihar P.S. Case No.

                       704 of 2025, subject to the conditions as laid down U/s 482(2)

                       of the B.N.S.S., 2023.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T

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