Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 25.905 litres of foreign liquor recovered from an open area near his bathan. He contended that the liquor was not in his physical possession, the seizure violated mandatory search and seizure provisions due to lack of an independent witness, and he had no prior criminal record. The State opposed the bail application. The Court examined the procedural aspects and the nature of the offence, and, considering the petitioner’s circumstances, ordered that he be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged procedural violations and the nature of the offence under the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with the statutory requirements for search and seizure.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- search and seizure
- Bihar Prohibition and Excise Act
- foreign liquor
- procedural violation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17951 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- DORIGANJ District- Saran
======================================================
Chandan Kumar S/O Ramdev Bhagat Resident of village- Bhairopur Nizamat,
P.S.- Doriganj, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Koshalendra Rai
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 25.905 liters of foreign liquor
is said to have been recovered from the place adjacent to the
bathan of the petitioner.
4. It is submitted by learned counsel for the
petitioner that there is no recovery from the physical and
conscious possession of the petitioner. It is submitted that the
place of recovery is an open place and easily accessible to
anyone. As a matter of fact, the name of the petitioner has been
disclosed by the co-accused. It is further submitted that the
Patna High Court CR. MISC. No.17951 of 2026(2) dt.03-04-2026
2/2
mandatory provisions of search and seizure have been violated
as there is no independent witness to the seizure list. Further, the
petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Doriganj P.S. Case No. 16 of 2026, subject to
the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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