Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Chandan Kumar was arrested in connection with the alleged possession of 2.75 litres of country-made liquor, seized from a polythene bag, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, argued that the seizure was not made in his conscious possession, that the only witnesses were police officers, and that the mandatory provisions of Section 105 of the BNSS were not complied with. He had been in judicial custody since 12 February 2026. The State opposed bail, citing three prior criminal convictions. The High Court, after considering the facts and procedural issues, granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial and abstaining from similar offences.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of alleged procedural lapses and prior criminal antecedents.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- illegal liquor
- procedural lapse
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17371 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Chandan Kumar Son of Late Darwari Singh Resident of 121 Singarpur,
Lakhisarai, PS -surajgarha Dist -Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parmanand Pd. Nr. Sahi, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(App), APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 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 sections 30 (a) of
the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that
altogether 2.75 liters country made liquor was allegedly
recovered from a polythene bag.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner. It is also contended that all the witness to the
seizure list are police personnel and no independent witness has
been associated with the alleged recover. Moreover, the
Patna High Court CR. MISC. No.17371 of 2026(2) dt.23-03-2026
2/2
mandatory provision of Section 105 of the BNSS have not been
complied at the time of alleged seizure. Moreover, the petitioner
is languishing in judicial custody since 12.02.2026.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has three
criminal antecedents.
6. Considering the aforesaid 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. Lakhisarai Case No.
101C2/2026 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 –
VIIth cum Exclusive Special Excise Court – IInd, Lakhisarai,
subject to the condition that the petitioner shall co-operate in the
trial and remain present as and when required by the Court till
the conclusion of the trial and shall not indulge in any offence of
similar nature.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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