Patna High Court

Chitranjan DasversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

Anticipatory bail is granted to the petitioner subject to a Rs.30,000 bond and conditions under the B.N.S.S., 2023.

Summary

The petitioner, Chitranjan Das, was implicated in a case (Kuchaikote PS Case No. 351 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving the recovery of 405.930 litres of illicit liquor from two vehicles. The petitioner argued that he had no possession of the liquor, was not present at the scene, and possessed a clean criminal record. The State opposed his bail. The High Court, considering the lack of direct possession, the petitioner’s absence at the occurrence, and his clean antecedent, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023. The Court also directed the trial court to verify any undisclosed criminal antecedents and to cancel the bail bond if concealment is discovered. The bail bond acceptance was ordered not to be delayed pending verification.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged involvement in illicit liquor possession.
Whether the petitioner’s lack of direct possession and clean antecedent justify bail under the relevant statutes.

Legislation cited

B.N.S.S., 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
criminal antecedent
bail conditions
Section 30(a)
B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22676 of 2026
                   Arising Out of PS. Case No.-351 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Chitranjan Das S/o Jay Mangal Das Resident of Village- Toloj Pur, PS-
                 Damrapur, Distt.- West Champaran

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sushil Kumar, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                                  ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Kuchaikote P.S. Case No. 351 of 2025 lodged on

                   12.08.2025, for the offence punishable under section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   the owners of the vehicles. Total recovery of 405.930 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22676 of 2026(2) dt.16-04-2026
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          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the alleged recovery has been

          made from two vehicles. Counsel further submits that the

          petitioner was not present at the place of occurrence. Counsel

          further submits that the petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of District &

          Additional Sessions Judge-IV-cum-Special Excise Court-II,

          Gopalganj, in connection with Kuchaikote P.S. Case No. 351 of

          2025, subject to the conditions as laid down U/s 482(2) of the

          B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about his criminal

          antecedent(s), the Trial Court shall take steps for cancellation of
             Patna High Court CR. MISC. No.22676 of 2026(2) dt.16-04-2026
                                                         3/3




                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T

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