Patna High Court
Shyam Kumar ChaupalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to monetary surety and specific conditions, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Shyam Kumar Chaupal, was arrested on 23 January 2026 as the driver of a tempo from which 432 litres of Nepali liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming a clean antecedent, false implication, and that the liquor was not in his conscious possession. The prosecution opposed bail, arguing the seriousness of the offence. The court examined the facts, noting the lack of direct possession and procedural lapses, and decided to grant bail on a cash bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent without delaying bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 100 of the Criminal Procedure Code and Section 103 of the Bihar Narcotic Substances Act were complied with.
- Whether the accused’s alleged lack of conscious possession and clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- prohibition law
- excise
- seizure
- driver liability
- criminal antecedent
- Section 30(a)
- Section 100 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26298 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Shyam Kumar Chaupal Son of Kapileshwar Chaupal @ Kapileshwar Mandal
R/O Village- Fulkahi, P.S.- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Hriday Narayan Harshit, learned counsel
for the petitioner and Mr. Md. Fahimuddin, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.01.2026 in connection with Phulparas P.S. Case No. 23/2026,
F.I.R. dated 22.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 432 liters of Nepali country-made
liquor from the tempo.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
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the recovery has been made from tempo in question and the
petitioner has been made accused merely on the basis that he is
the driver of the vehicle in question. He further submits that
there is non-compliance of Section 100 of Cr.P.C/103 of BNSS.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 23.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge Excise Act, Jhanjharpur, Madhubani in connection with
Phulparas P.S. Case No. 23/2026, subject to the following
conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
atul/-
U T
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