Patna High Court
Chabbilal Bishwas @ Chhabilal BiswasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Chabbilal Bishwas, was arrested with a motorcycle from which 100 litres of illicit country-made liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated, was not the owner of the vehicle, had no prior criminal record, and that the seizure violated Section 105 of the B.N.S.S. The State opposed his bail application. After hearing both sides, the court considered the facts, including the petitioner’s claim of being a first‑offender and lack of antecedents. The court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties. Consequently, the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged false implication, non‑ownership of the vehicle, and lack of prior record justify granting bail.
- Whether the seizure of the liquor violated Section 105 of the B.N.S.S., affecting bail eligibility.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- first offender
- search and seizure
- Section 105 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23457 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- AAJAM NAGAR District- Katihar
======================================================
Chabbilal Bishwas @ Chhabilal Biswas Son of Patalu Bishwash @ Pathalu
Viswash Resident of Village- Nayatola Pastiya, P.S.- Azamnagar, District-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Azamnagar P.S. Case
No. 97 of 2026 dated 03.03.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the allegation, petitioner was apprehended
with a motorcycle and from the said motorcycle 100 litres of
illicit country-made liquor was recovered.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in this
case. It has been submitted that the search and seizure is in
Patna High Court CR. MISC. No.23457 of 2026(3) dt.07-05-2026
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violation of Section 105 of B.N.S.S. It has further been
submitted that petitioner is the first offender and he is not the
owner of the said vehicle. It has further been submitted that
petitioner is in custody since 04.03.2026 having no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances
of the case, the petitioner above-named is directed to be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Court concerned, Katihar, in
connection with Azamnagar P.S. Case No. 97 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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