Patna High Court
Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner upon the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Chhotu Kumar, was arrested in connection with the seizure of 126 litres of illicit Nepali liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the BNS. He applied for bail, contending that no liquor was actually recovered from his possession and that the police had not complied with Section 105 of the BNSS during the seizure. The State opposed the bail, relying on the charges. The court examined the procedural aspects of the seizure, the petitioner’s lack of prior criminal record, and his continued judicial custody since March 3, 2026. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court‑I, Sitamarhi.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the BNS for alleged possession of illicit liquor.
- Whether non‑compliance with Section 105 of the BNSS in the seizure process bars the grant of bail.
- Whether the petitioner’s clean criminal record and the period of judicial custody influence the bail decision.
Legislation cited
- BNS — s. 317(5)
Subjects
- bail
- illicit liquor
- seizure procedure
- Section 30(a)
- Section 317(5)
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27398 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- MAJORGANJ District- Sitamarhi
======================================================
Chhotu Kumar S/O Parmeshwar Mahto R/O Village- Harikesh, P.S- Sahiyara,
Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Majorganj P.S. Case No.85 of 2026 registered for the
offence punishable under Sections 30(a) of the Bihar Prohibition
and Excise Act and under Section 317(5) of the BNS.
3. The case of the prosecution, in short, is that 126
liters of illicit Nepali liquor was recovered from the possession
of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police have not complied Section
Patna High Court CR. MISC. No.27398 of 2026(2) dt.23-04-2026
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105 of the BNSS while making seizure. Learned counsel for the
petitioner has further submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
03.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Excise Court-I, Sitamarhi, in connection with
Majorganj P.S. Case No.85 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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