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Patna High Court

Chhote Lal @ Chhotelal RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Chhote Lal, a co-passenger in a pick‑up van, was implicated in a case where 756 litres of spirit were seized from the vehicle under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no ownership, control, or conscious possession of the seized liquor, was not the driver, and had no prior criminal record, having been in judicial custody since 25‑01‑2026. The State opposed the grant of regular bail. After hearing both sides, the High Court considered the lack of direct involvement, the petitioner’s clean antecedents, and the procedural lapse alleged in seizure preparation, and decided to release the petitioner on bail. He was ordered to furnish a bail bond of Rs 10,000 with two sureties of equal amount to the satisfaction of the Special Judge, Excise, Patna. The order effectively grants regular bail to the petitioner.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of non‑possession and lack of prior record.

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • possession
  • co‑passenger
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16954 of 2026
                         Arising Out of PS. Case No.-29 Year-2026 Thana- BYPASS District- Patna
                 ======================================================
                 Chhote Lal @ Chhotelal Rai Son of Jagdip Rai R/o Village - Vidupur Dih,
                 P.S. - Vidupur, Dist. - Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anu Priyadarshni
                 For the Opposite Party/s :       Mr.Umesh Lal Verma
                 ======================================================
                 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 the pick-up

                   van, altogether 756 liters of spirit 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. The witness of the seizure list is police

                   personnel and police has not followed Section 105 of BNSS
            Patna High Court CR. MISC. No.16954 of 2026(2) dt.16-03-2026
                                                        2/2




                      while preparing seizure. He is neither the owner nor the driver

                      of the said pick-up van rather he is a co-passenger. Moreover, he

                      is languishing in judicial custody since 25.01.2026 having no

                      criminal antecedent.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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

                      Bypass P.S. Case No. 29 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 Special Judge, Excise, Patna

                      City/ court concerned.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T


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