Patna High Court
Chhotelal Prasad @ Chhotelal GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
Checking your session…