Patna High Court
Chhotu Kumar @ Shri Chhotu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
Chhotu Kumar petitioned for bail in a case involving alleged possession of 56 litres of country‑made liquor recovered from a motorcycle, charged under Sections 274, 275 and 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution argued that the liquor was seized and the petitioner was arrested on the spot. The petitioner contended that he had no knowledge of the liquor, no incriminating material was found in his possession, he had no prior criminal record, and the statutory requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was not complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the period already spent in custody, the Court inclined to grant bail, ordering a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
- Whether the petitioner poses a risk of fleeing or tampering with evidence
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(4)
Subjects
- bail
- illegal liquor
- prohibition law
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2473 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- ANGARGHAT District- Samastipur
======================================================
Chhotu Kumar @ Shri Chhotu Mahto S/O Late Mahesh Mahto R/O Village-
Imlighat Ullobara, P.S.- Sadar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, A.P.P.
======================================================
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
Angarghat P.S. Case No. 130 of 2025, instituted for the offences
punishable under Sections 274, 275 and 317(4) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 56 liters
of country made liquor was recovered from motorcycle.
Petitioner was arrested on the spot.
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
Patna High Court CR. MISC. No.2473 of 2026(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. He further
submits that neither the alleged seized country made liquor nor
the motorcycle has any concern with the petitioner. The
petitioner is in custody since 21.11.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Angarghat P.S. Case
No. 130 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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