Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners subject to a bond of Rs.10,000 and specified conditions.
Summary
Petitioners Chandan Kumar and Anand Azad were arrested on 29 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly possessing 63.735 litres of foreign liquor seized from a Hyundai car. They pleaded that they have clean antecedents, were falsely implicated, and that the investigating authorities failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act. The Additional Public Prosecutor opposed bail. The High Court, after noting the clean record and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail should not be delayed for verification purposes. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances Act warrants denial of bail.
- Whether the fact that the liquor was seized from a vehicle rather than from the accused’s personal possession affects bail eligibility.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- Section 30(a)
- non‑compliance
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16097 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
1. Chandan Kumar S/o Late Sriraj Kumar Sharma @ Late Raj Kumar Sharma
Resident of village- Mithapur Indranagar Road No. 09, P.S.- Jakkanpur,
District- Patna.
2. Anand Azad S/o Late Tularam Azad R/o vill - Patna Navratanpur, P.S.-
Kankarbag, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Rajani Kant Pandey, learned counsel for
the petitioners and Mr. Jai Narain Thakur, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
29.01.2026 in connection with Durgawati P.S. Case No. 32 of
2026, F.I.R. dated 28.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 63.735 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have 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
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recovered from the conscious possession of the petitioners
rather the recovery has been made from a Hundai Car. He
further submits that there is non-compliance of Section 103 and
105 of BNSS and the petitioners are in custody since
29.01.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioner have clean antecedent and there is non-compliance
of Section 103 and 105 of BNSS, let the petitioners, 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 Exclusive Judge
Excise-II, Kaimur at Bhabua in connection with Durgawati P.S.
Case No. 32 of 2026, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
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for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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