Patna High Court
Chhotu Pandit @ Prince RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a Rs.5,000 bond, two sureties and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Chhotu Pandit @ Prince Raj, was charged under IPC Sections 414 and 34 read with Bihar Excise Act Sections 30(a), 36 and 41(1) for allegedly recovering 5,727.24 litres of liquor from a truck and a Swift Dzire. He was not seized at the scene, did not possess the seized vehicles, and the prosecution’s case relied on a confessional statement of a co‑accused made in police custody, which the petitioner argued lacks evidentiary value. Having been in custody since 22‑01‑2026, he applied for bail, asserting he would not abscond and would cooperate with the trial. The State opposed the bail. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a Rs.5,000 bond with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the evidentiary basis of the case.
- Whether the confessional statement of a co‑accused made in police custody can be relied upon as evidence.
- Whether the petitioner is likely to abscond or tamper with evidence if released on bail.
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 34, 414
Subjects
- bail
- IPC
- Excise Act
- confessional statement
- police custody
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16180 of 2026
Arising Out of PS. Case No.-284 Year-2021 Thana- LALGANJ District- Vaishali
======================================================
Chhotu Pandit @ Prince Raj S/o Late Shiv Kumar Tiwari R/o vill -
Panchrukhi (Rikhar), P.S.- Lalganj, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 414 and 34 of the IPC read
with Sections 30(a), 36 and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 5727.24 liters of liquor from a truck
and a Swift dzire car.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles and came to be implicated
based on confessional statement of Raj Kumar in police custody
Patna High Court CR. MISC. No.16180 of 2026(2) dt.16-04-2026
2/2
which does not have any evidentiary value. It is next submitted
that petitioner is in custody since 22.01.2026. It is further
submitted that if privilege of bail is granted, the petitioner will
not abscond rather will cooperate in the trial to prove his
innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Lalganj
P.S. Case No. 284 of 2021 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Rishabh/-
U T
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