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Patna High Court

Shyam Kumar ChaupalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.26298 of 2026(2) dt.20-04-2026
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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
             Patna High Court CR. MISC. No.26298 of 2026(2) dt.20-04-2026
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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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