Patna High Court
Chotu Kumar@ Chhotu KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a Rs 10,000 bond and specified conditions.
Summary
Chotu Kumar was arrested on 1 March 2026 in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly possessing 400 litres of country‑made liquor seized from a pick‑up van. The petitioner contended that he had no ownership or possession of the vehicle, that the seizure was made from the vehicle and not from his conscious possession, and that the police failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing a prior criminal antecedent. The court examined the factual matrix, the alleged procedural lapses and the petitioner’s claim of innocence, and concluded that bail could be granted subject to a bond of Rs 10,000 with two sureties and conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for verification of the antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the BNSS and the petitioner’s prior criminal antecedent justify denial of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- seizure
- possession
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27956 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Chotu Kumar@ Chhotu Kumar S/O Harindra Paswan @ Harendra Paswan
R/o Vill.- Daudnagar Chagadho, P.S- Bidpur, District- Vaishali
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Paswan, Advocate
: Mr. Amar Kumar, Advocate
: Ms. Deepshikha, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Dharmendra Kumar Paswan, learned
counsel for the petitioner and Md. Nazir Ansari, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.03.2026 in connection with Bidupur P.S. Case No. 106 of
2026, F.I.R. dated 01.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 400 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent 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 the recovery has
Patna High Court CR. MISC. No.27956 of 2026(2) dt.27-04-2026
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been made from pick-up van in question and the petitioner is not
the owner of the pick-up van in question. He further submits
that seizure list witnesses are police personnel and there is non-
compliance of Section 103 and 105 of BNSS and the petitioner
is in custody since 01.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one.
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 C.J.M.,
Vaishali, Hajipur in connection with Bidupur P.S. Case No. 106
of 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
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.27956 of 2026(2) dt.27-04-2026
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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)
Suruchi/-
U T
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