Patna High Court
Chandan Kumar @ Chandan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and verification of criminal antecedents under Section 482(2) of the B.N.S.S.
Summary
Chandan Kumar was arrested in connection with a case alleging transport of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The police seized 4 litres of country-made liquor from a motorcycle and 176 litres from a car, and a confessional statement of an arrested accomplice implicated the petitioner. The petitioner denied any involvement, claimed no criminal antecedent, and sought bail. The State opposed the bail application. The High Court, after hearing both sides, granted bail on the condition of a Rs.10,000 bond with two sureties and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S., with provisions for cancellation if false information is discovered.
Issues considered
- Whether bail should be granted to the petitioner in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner poses a risk of fleeing or tampering with evidence
- Whether the conditions under Section 482(2) of the B.N.S.S. are applicable
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- excise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18443 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Chandan Kumar @ Chandan Kumar Singh Son of Babulal Singh R/o Village
- Jagdish Bantariya, P.S. - Bhore, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Bhorey P.S. Case No. 549 of 2025 for allegedly
having committed offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, while the informant
was on patrolling duty, he got secret information that illicit
liquor is being carried out by the petitioner. Upon such
information, the police personnel reached near the place of
occurrence and started waiting for the car to come. On seeing
the Police party, three persons started fleeing away, however one
person was apprehended by the Police along with motorcycle,
while two persons managed to flee away from the place of
Patna High Court CR. MISC. No.18443 of 2026(2) dt.25-03-2026
2/3
occurrence. On the confessional statement made by the arrested
person, the name of the petitioner transpired in the case. From
the dicky of the motorcycle, 4 litres of country made liquor and
from the car having registration no. UP32CV4369, 176 litres of
country made liquor was recovered.
4. The learned counsel for the petitioner submits
that the petitioner has not committed any offence. The petitioner
has got no concern with the alleged seized liquor or with the car
and motorcycle in question. The petitioner has got no criminal
antecedent.
5. The learned APP for the State opposes the prayer
for bail of the petitioner.
6. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of eight weeks,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-XIII-Cum-Special Judge, Excise-I, Gopalganj in
connection with Bhorey P.S. Case No. 549 of 2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S., with further condition:
Patna High Court CR. MISC. No.18443 of 2026(2) dt.25-03-2026
3/3
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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