Patna High Court
Rajkumar Chouhan @ BobbyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Rajkumar Chouhan was arrested for alleged possession of 2 litres of country-made liquor, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seizure was not properly documented, that police failed to follow Section 105 of the BNSS while preparing the seizure list, and that nothing was recovered from his possession. The State opposed bail, highlighting three prior criminal cases against the petitioner. After hearing both sides, the Court considered the procedural lapses and the petitioner’s custody since 19 January 2026, and decided to grant regular bail. The petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to a condition that he not commit similar offences in the future.
Issues considered
- Whether the petitioner is entitled to regular bail for an offence under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged procedural irregularities in the seizure (absence of a seizure list and non‑compliance with Section 105 of the BNSS) justify granting bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- possession of illicit liquor
- procedural lapse
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17034 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- Excise P.S. District- Sheikhpura
======================================================
Rajkumar Chouhan @ Bobby S/o Ganga Chouhan Resident of Village- Karki
Toran Bigha, PO- Karki, PS- Ariyari, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 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 bag o
this petitioner, altogether 2 liters of country made 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 possession of the petitioner. There is no
independent witness of the seizure list rather they are police
personnel and police has not followed Section 105 of BNSS
Patna High Court CR. MISC. No.17034 of 2026(2) dt.17-03-2026
2/2
while preparing seizure. Moreover, the petitioner is languishing
in judicial custody since 19.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of three cases.
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
Excise P.S. Case No. 34 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 Exclusive Special Excise
Judge, Sheikhpura with a condition that the petitioner will
not indulge in similar nature of offences in future.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…