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Patna High Court

Chhotu Pandit @ Prince RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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