Patna High Court
Chandan Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Chandan Kumar Jha, sought bail in a case (PS Bairgania Case No. 57 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for possession of 48 litres of illicit Nepali liquor recovered from a motorcycle. The petitioner argued he had no physical possession of the liquor, was not the owner of the motorcycle, and had a clean criminal record, contending that his name appeared only due to a co‑accused’s confession. The State opposed bail, despite acknowledging the petitioner’s clean antecedent. The Court considered the lack of direct possession, the petitioner’s clean record, and the statutory provisions governing bail. It ordered that the petitioner be released on bail upon furnishing a bond of ₹30,000, subject to conditions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of illicit liquor.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- prohibition act
- excise
- illicit liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26898 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- BARGAINIA District- Sitamarhi
======================================================
Chandan Kumar Jha Son of Krishankant Jha @ Krishnkant Jha @ Kisan Jha
Resident of Village-Bengahi, P.S. Bairgania, District Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kishore Thakur, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Bairgania P.S. Case No. 57 of 2026 registered on
24.02.2026 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 48 liters illicit
Nepali Liquor, loaded on motorcycle, is the subject matter of the
present case.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. Nothing has been recovered from the conscious
physical possession of the petitioner, the name of petitioner has
come in the present case only on the basis of confessional
Patna High Court CR. MISC. No.26898 of 2026(2) dt.22-04-2026
2/2
statement of co-accused. The petitioner has a clean criminal
antecedent. Moreover, the petitioner is not the owner of the
alleged motorcycle from which the recovery was made.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise-I, Sitamarhi, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023..
(Dr. Anshuman, J)
Ashwini/-
U T
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