Patna High Court
Chaneshwar @ Chandeshwari Nut @ Chandeshwar NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000, two sureties and compliance with stipulated conditions.
Summary
The petitioner, Chaneshwar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 210 litres of liquor were recovered from an open area. He contended that he had no possession of the liquor, that the recovery was from a place accessible to all, and that no incriminating material linked him to the offence. The petitioner had been in custody since 20‑11‑2025 and possessed seven prior criminal antecedents, while the State opposed his bail. The court noted the lack of direct evidence, the circumstances of the recovery, and the period of custody already served. Considering these factors, the court granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding trial attendance and family surety. The bail order was conditioned on the framing of charge if not already done.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite his antecedents and the nature of the offence.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- criminal procedure
- antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2101 of 2026
Arising Out of PS. Case No.-309 Year-2024 Thana- MADHAURAH District- Saran
======================================================
Chaneshwar @ Chandeshwari Nut @ Chandeshwar Nut S/o Saral Nut R/o
Village - Bajit Bhoraha, P.S- Marhowrah, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, 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
Marhowarh PS Case No. 309 of 2024 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 210 liters
liquor was recovered from gallons, sac and bag.
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. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.2101 of 2026(2) dt.19-01-2026
2/2
and all. The petitioner is in custody since 20.11.2025 and has
got seven criminal antecedent/s. 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, after framing
of charge, if not already framed, 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 Marhowarh PS Case No. 309 of 2024,
subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.