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Patna High Court

Chitranjan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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