Patna High Court
Md. Chand @ Chand BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding insufficient grounds to deny it given the lack of conscious possession and procedural irregularities.
Summary
The petitioner, Md. Chand Babu, was arrested on 5 January 2026 in connection with a case involving the seizure of 104.370 litres of illicit liquor from a Scorpio vehicle. He contended that he was neither the owner nor the driver of the vehicle and that no liquor was found in his conscious possession, arguing that the investigation violated Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing the recovery of the liquor and the petitioner’s prior criminal antecedent, though noting he was already on bail in another matter. The High Court examined the lack of direct possession and procedural lapses, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of his criminal record. The bail order was conditioned on compliance with the stipulated terms and allowed for cancellation if conditions were breached.
Issues considered
- What is the applicability of bail provisions when the accused is not in conscious possession of the seized illicit liquor?
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023, warrants denial of bail?
- Impact of the petitioner’s prior criminal antecedent on the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition law
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16776 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
Md. Chand @ Chand Babu Son of Md. Muslim @ Md. Meer Muslim
Resident of Village- Madhuchhapra, P.S.- Piprakothi, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Shanti Bhushan Singh, learned counsel
for the petitioner and Ms. Indu Kumari Srivastava, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.01.2026 in connection with Piprakothi P.S. Case No. 06 of
2026, F.I.R. dated 04.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 104.370 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has 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 recovered from the
conscious possession of the petitioner rather the recovery of
Patna High Court CR. MISC. No.16776 of 2026(2) dt.17-03-2026
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104.370 liters of illicit liquor has been made from the Scorpio
vehicle in question. He further submits that the petitioner is
neither the owner nor the driver of the said vehicle in question
and he was apprehended from the place of occurrence on the
basis of suspicion. There is non-compliance of Section 103/105
of the BNSS, 2023. The petitioner is in custody since
05.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the illicit liquor has been recovered and apart from
that the petitioner carries one criminal antecedent other than the
present one but fairly submits that the petitioner is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner, petitioner is neither the owner nor the driver of
the vehicle in question and there is non-compliance of Section
103/105 of the BNSS, 2023, let the petitioner, 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 Exclusive Special Excise Court No. 1,
Civil Court, East Champaran in connection with Piprakothi P.S.
Patna High Court CR. MISC. No.16776 of 2026(2) dt.17-03-2026
3/3
Case No. 06 of 2026, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Vanisha/-
U T
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