Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, directing the execution of a bail bond with sureties.
Summary
Chandan Kumar was arrested in connection with a case alleging that 177 litres of Nepali liquor were recovered from his motorcycle, violating Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, asserted that no incriminating material was found in his possession, and highlighted a lack of compliance with Section 103 of the BNSS, 2023. He had been in custody since 22 November 2025 and possessed one prior criminal antecedent. The State opposed bail, but the Court, considering the circumstances and the period of custody, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act in view of the alleged offences and his prior criminal antecedent.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Section 103 compliance
- police false implication
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1815 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- JITNA District- East Champaran
======================================================
Chandan Kumar Son of Bihari Prasad Yadav Resident of Village - Agarwa,
P.S.- Jitna, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Jitna PS
Case No. 292 of 2025 instituted for the offences under Sections
30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 177 liters of
nepali liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that the petitioner is the owner of the
Patna High Court CR. MISC. No.1815 of 2026(2) dt.19-01-2026
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said motorcycle and has been implicated in this case by the
police with ulterior motive. The petitioner is in custody since
22.11.2025 and has got one criminal antecedent. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Jitna PS Case No. 292 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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