Patna High Court
Chhotelal PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Chhotelal Pandit was arrested on 24 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 for alleged possession of three litres of illicit liquor. The petitioner claimed he had no conscious possession of the liquor and that the police had planted the evidence, pointing out non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023, as the seizure list witnesses were police officers. The State opposed bail, but the court noted the lack of direct recovery from the petitioner and the procedural lapses. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order emphasized that acceptance of the bond should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted when the alleged contraband was not recovered from the petitioner's conscious possession.
- Whether the seizure procedure complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner is fit for bail under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition & Excise Act
- procedural lapse
- seizure list
- BNSS 2023
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25170 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Chhotelal Pandit S/o Shankar Pandit @ Uma Shankar Pandit R/o Vill- Derni
Sutihar, P.S.- Derni, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Ajay Kumar Singh No. I, learned counsel
for the petitioner and Mrs. Meena Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
24.02.2026, in connection with Pre-Trial No. BRSP01P-002480
of 2026 arising out of Chhapra Sadar Excise P.S. Case No. 52 of
2026, F.I.R. dated 23.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act, 2016.
3. Recovery is of 03 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. that nothing has been recovered from
Patna High Court CR. MISC. No.25170 of 2026(2) dt.16-04-2026
2/3
the conscious possession of the petitioner. Learned counsel for
the petitioner further submits that in fact nothing has been
recovered from the conscious possession of the petitioner rather
the police has planted the same and shown that recovery has
been made from the possession of the petitioner. He further
submits that from perusal of the seizure list it appears that
seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 24.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-cum-Presiding Officer, Exclusive Special Excise Court
No. 3, Saran in connection with Pre-Trial No. BRSP01P-
002480 of 2026 arising out of Chhapra Sadar Excise P.S. Case
Patna High Court CR. MISC. No.25170 of 2026(2) dt.16-04-2026
3/3
No. 52 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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