Patna High Court
Chandramani KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to both petitioners on the stipulated bond and conditions.
Summary
Petitioners Chandramani Kumar and Vikram Sahni were arrested in March 2026 in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022, for the alleged possession of 209.88 litres of foreign liquor seized from a maize field. They contended that the liquor was not recovered from their conscious possession and that the seizure list, prepared solely by police personnel, violated Section 103 of the Bihar Non‑Statutory Substitution Act, 2023. The prosecution opposed bail, highlighting prior criminal antecedents of the petitioners, though noting they were already on bail in other matters. The High Court, after considering the facts, granted bail to both petitioners on a bond of Rs. 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order emphasized that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 considering the nature of the offence and their criminal antecedents.
- Whether the seizure procedure complied with Section 103 of the Bihar Non‑Statutory Substitution Act, 2023.
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- seizure procedure
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26279 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- MUSRIGHRARI District- Samastipur
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1. Chandramani Kumar S/o Ravindranath Nirala Resident of Ward No. 9,
Barbatta, P.S.- Musarigharari, District- Samastipur, Bihar
2. Vikram Sahni @ Vikram Kumar S/o Chandra Kumar Sahni Resident of 35,
ward no. 02, Gohda, Rupauli Buzrug, Rupauli, P.S.- Musarigharari, District-
Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Keshav Bhardwaj, learned counsel for
the petitioners and Ms. Indu Kumari Srivastava, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail where petitioner no. 1 is in
custody since 20.03.2026 and petitioner no. 2 is in custody since
21.03.2026 in connection with Musrigharari P.S. Case No. 28 of
2026, F.I.R. dated 23.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 209.88 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. He further submits that it appears from the
Patna High Court CR. MISC. No.26279 of 2026(2) dt.20-04-2026
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F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioners rather the
recovery of 209.88 liters of foreign liquor has been made from
the maize field and the petitioners have no concern at all with
the recovery of the illicit liquor or the place of occurrence. He
further submits that although from perusal of the seizure list it
appears that the seizure list witnesses are the police personnel so
there is non-compliance of Section 103 of the BNSS, 2023. The
petitioner no. 1 is in custody since 20.03.2026 and petitioner no.
2 is in custody since 21.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that the petitioner no. 1 carries one criminal antecedent
and petitioner no. 2 carries three criminal antecedents other than
the present one but fairly submits that they are on bail in the all
pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge Excise-I, Samastipur in
connection with Musrigharari P.S. Case No. 28 of 2026 subject
Patna High Court CR. MISC. No.26279 of 2026(2) dt.20-04-2026
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to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Vanisha/-
U T
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