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Patna High Court

Chhotu Gond @ Chhotelal GondversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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