Patna High Court
Chanchal Kumar @ Chanchal Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Chanchal Kumar, was arrested in connection with the seizure of 89.1 litres of illicit liquor and charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. He applied for bail, claiming innocence and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission Ashram, and attend the police station every Sunday, with verification of his antecedents. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be cancelled upon default or discovery of other criminal involvement.
Issues considered
- Whether bail should be granted to the petitioner charged with offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Amendment Act
- What conditions, if any, are appropriate for the grant of bail in this case
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- prohibition law
- criminal procedure
- surety
- charitable donation condition
- police attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21219 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- ANDHRAMATH District- Madhubani
======================================================
Chanchal Kumar @ Chanchal Kumar Mukhiya S/o- Dilip Mukhiya R/v- Neur
Ps- Andhramath Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Andhramath P.S. Case No. 15 of 2026 registered for the offence
under Sections 274, 275, 3(5) of the BNS and under Section
30(a) of the Bihar Prohibition and Excise Amendment Act,
2016.
3. The recovery is of 89.1 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 19.02.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.21219 of 2026(2) dt.06-04-2026
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prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Andhramath P.S. Case No. 15 of
2026 / G.R. No. 88 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Andhramath Police Station on every Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
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the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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