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Patna High Court

Chhotelal Prasad @ Chhotelal GondversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Regular bail was granted to the petitioner with specified conditions.

Summary

The petitioner, Chhotelal Prasad, was arrested in connection with the seizure of 126 litres of illicit liquor from a motorcycle under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He claimed innocence, asserted no ownership of the motorcycle, and highlighted that he has two prior criminal antecedents and has been in custody since 14 February 2026. The State opposed his bail application. The High Court, after considering the facts, the period of custody, and the nature of the offence, granted regular bail subject to a cash bond of Rs.10,000 with two sureties, a deposit of Rs.25,000 to a charitable institution, and a condition to attend the police station every Sunday. The order emphasized that its observations were prima facie and would not affect the trial. The bail was thus allowed with the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to regular bail under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act given the seizure of illicit liquor and his prior criminal antecedents.
  • Whether the conditions imposed by the court are appropriate and sufficient to ensure the petitioner’s compliance.

Subjects

  • bail
  • regular bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.26107 of 2026

                   Arising Out of PS. Case No.-31 Year-2026 Thana- Raghunathpur Excise District- Siwan
                 ======================================================
                 Chhotelal Prasad @ Chhotelal Gond S/O Late Parmeshwar Sah Resident of
                 vill.- Nikhti Kalan PS- Raghunathpur Dist- Siwan

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Kumari Anupam, Advocate

                 For the Opposite Party/s :        Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   21-04-2026                    Heard learned counsel for the parties.

                                 2. The petitioner seeks regular bail in connection with

                   Raghunathpur Excise P.S. Case No. 31 of 2026, registered under

                   Section 30(a), 47 of the Bihar Prohibition and Excise Act.

                                 3. Recovery is of 126 litres of illicit liquor from the

                   motorcycle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. The

                   petitioner has no concern with the seized motorcycle. The

                   petitioner has two criminal antecedents and he is in custody

                   since 14.02.2026.

                                 5. Learned A.P.P. for the State has opposed the prayer

                   for bail.

                                 6. Considering the facts and circumstances of the case

                   and also period of custody, the prayer for regular bail of the
Patna High Court CR. MISC. No.26107 of 2026(2) dt.21-04-2026
                                            2/3




          petitioner is allowed.

                       7. Let the petitioner above named, be granted 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 below in connection with Raghunathpur

          Excise P.S. Case No. 31 of 2026, subject to the condition that:

                                                          i). The petitioner shall
                                             deposit a sum of Rs. 25,000/-
                                             (Rupees       Twenty-Five    Thousand
                                             only) with Ramakrishna Mission
                                             Ashrama, Latu Maharaj Path, Opp.
                                             Circuit House, Chapra, Bihar and
                                             shall produce a valid receipt thereof
                                             before the court below. The bail
                                             bonds shall be accepted only after
                                             verification of the genuineness of
                                             the said receipt.
                                                          (ii). The petitioner shall
                                             mark         his     attendance      at
                                             Raghunathpur Police Station on
                                             every Sunday of each month. In the
                                             event of default, the bail bonds shall
                                             be liable to be cancelled.
                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.26107 of 2026(2) dt.21-04-2026
                                                        3/3




                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T


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