Patna High Court
Chhote Lal @ Chhotelal RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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