Patna High Court
Chhotu Gond @ Chhotelal GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court directed that the petitioner be released on bail subject to the stipulated conditions.
Summary
Chhotu Gond was arrested in connection with a raid that uncovered 100.920 litres of illicit foreign liquor, and he was charged under Sections 30(a) and 41(1) of the B.N.S., 2023. The petitioner claimed he was merely identified by a local chowkidar, that no incriminating material was found on him, and that his name was listed only on suspicion, despite having two prior cases and being in custody since 21.02.2026. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the facts, the length of custody, and the petitioner’s claim of innocence, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions including a relative as bailor and mandatory court appearances. The bail is also conditioned on compliance with Section 480(3) of the B.N.S.S. and may be cancelled if the petitioner misses three consecutive court dates.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the B.N.S., 2023 in view of the nature of the offence and the petitioner’s prior criminal history.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence warranting denial of bail.
- Whether the conditions imposed under Section 480(3) of the B.N.S.S. are appropriate for the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 30(a), 41(1)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- illicit liquor
- excise law
- Section 30(a)
- Section 41(1)
- Section 480(3)
- Bihar
- criminal procedure
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25765 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Chhotu Gond @ Chhotelal Gond Son of Late Parmeshwar Sah, Resident of
village - Nikhti Kalan, P.S.- Raghunathpur, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. (Dr.) Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Raghunathpur P.S. Case No. 316 of 2025 dated
25.12.2025, registered for the offences punishable under
Sections 30(a) and 41(1) of the B.N.S., 2023.
3. As per the prosecution case, police received
information about the co-accused stocking illicit liquor for sale
and subsequently a raid was conducted, two persons fled away
from the spot and one of them was identified as petitioner of the
present case by the local chowkidar. It is further alleged that
recovery of 100.920 litres of illicit foreign liquor was made
from the said spot.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.25765 of 2026(2) dt.17-04-2026
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petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Petitioner was not
apprehended from the spot and nothing incriminating has been
recovered from his person or possession. Petitioner has no
concern either the place of recovery or with the allegedly
recovered article. The name of the petitioner surfaced in the
present case merely on the basis of suspicion. Learned counsel
next submits that petitioner is having antecedent of two cases.
Learned counsel lastly submits that petitioner is in custody since
21.02.2026.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and period of custody, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No. 2, Siwan / concerned Court,
in connection with Raghunathpur P.S. Case No. 316 of 2025,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other following conditions:
Patna High Court CR. MISC. No.25765 of 2026(2) dt.17-04-2026
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(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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