Patna High Court

Chandan Kumar @ ChandanversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Chandan Kumar, feared arrest in a case (PS No. 91 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act after 221.760 litres of liquor were recovered from a bus. He contended that he was neither the owner nor the driver of the bus and that his name was implicated solely on a confessional statement of a co‑accused, which he argued lacked evidentiary value. The petitioner also highlighted his clean criminal record and noted that other co‑accused had already been granted regular bail. The State opposed the bail, but the Court observed that there was no prima facie case against the petitioner and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. Consequently, the Court ordered anticipatory bail, subject to a bond of Rs. 15,000 with two sureties and conditions under Section 482(2) of the same Act.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether the confessional statement of the co‑accused provides sufficient basis for a prima facie case against the petitioner
Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is mandatory before granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
confessional statement
prima facie case
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15996 of 2026
                 Arising Out of PS. Case No.-91 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
                 Chandan Kumar @ Chandan Son of Shivji Prasad Sah Resident of Village
                 and P.S.- Phulparas, District- Madhubani
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramchandra Jha Raman, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Bhairavsthan P.S. Case No. 91 of 2025, registered under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 221.760 liters

                   liquor was recovered from a bus.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no concern with the alleged

                   recovery of liquor. Learned counsel for the petitioner also

                   submits that the petitioner is neither owner nor driver of the bus

                   in question. Name of the petitioner has transpired in this case on

                   the basis of confessional statement made by co-accused person

                   and the same has got no evidentiary value. Learned counsel for
             Patna High Court CR. MISC. No.15996 of 2026(2) dt.12-03-2026
                                                         2/2




                       the petitioner, therefore, contends that prima-facie, no case is

                       made out against the petitioner. The petitioner has got no

                       criminal antecedent. Learned counsel for the petitioner further

                       submits that other co-accused have been granted regular bail by

                       this Court vide order dated 12.08.2025 passed in Cr. Misc. No.

                       54042 of 2025. 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,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory 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 Bhairavsthan P.S.

                       Case No. 91 of 2025, subject to the conditions as laid down

                       under Section 482(2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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