Patna High Court
Chitranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail.
Summary
Chitranjan Kumar was arrested in connection with the alleged seizure of 300 litres of illicit liquor from two motorcycles, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no ownership or control over the vehicles, that nothing was recovered from his conscious possession, and that the police seizure did not comply with Section 105 of the BNSS. He had been in judicial custody since 12 January 2026 and the State opposed bail citing a prior criminal case. After hearing both sides, the court noted the procedural lapse and the lack of direct evidence linking the petitioner to the liquor, and despite the prior antecedent, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the District and Additional Sessions Judge‑cum‑Exclusive Special Judge, Excise Court No.1, Aurangabad.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act given the alleged recovery of illicit liquor and procedural irregularities.
- Whether the failure to follow Section 105 of the BNSS in preparing the seizure list defeats the prosecution's case for denial of bail.
Legislation cited
- BNSS — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16950 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- KUTUMBA District- Aurangabad
======================================================
Chitranjan Kumar Son of Nawal Singh R/o Village - Khapia, P.S. - Kutumba,
Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate
For the Opposite Party/s : Mr. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from two bikes,
altogether 300 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the conscious possession of the petitioner. He
has been falsely implicated in this case. He has no concern with
the alleged recovery. Learned counsel has submitted that the
petitioner is neither the owner nor the driver of the said vehicle.
Patna High Court CR. MISC. No.16950 of 2026(2) dt.16-03-2026
2/2
The witness of the seizure list is police personnel and police has
not followed Section 105 of BNSS while preparing seizure.
Moreover, he is languishing in judicial custody since
12.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Kutumba P.S. Case No. 08 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-cum-Exclusive Special Judge, Excise Court No.
1, Aurangabad.
(Ashok Kumar Pandey, J)
shubham/-
U T
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