Patna High Court
Chandrama RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release on a bail bond of Rs.10,000 with two sureties.
Summary
Chandrama Rai was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 25 litres of spirit. The petitioner claimed he was innocent, that no spirit was recovered from his possession, and that the seizure was not made in compliance with Section 105 of the B.N.S.S. He had no prior criminal record and had been in judicial custody since 4 April 2026. The State opposed his bail application. After hearing both sides, the court found the evidence insufficient and, considering the petitioner’s clean record, ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Excise Judge.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- regular bail
- prohibition law
- excise
- Section 30(a)
- Section 105
- judicial custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28913 of 2026
Arising Out of PS. Case No.-103 Year-2026 Thana- PANAPUR District- Saran
======================================================
Chandrama Rai Son of Late Dhanu Rai R/o Village - Jagatpur Totha, P.S.-
Panapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the possession of this petitioner, altogether 25 liters of spirit was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. He has no concern with the alleged spirit. It
has further been submitted that the witnesses of the seizure list
are police personnel. Police has not complied Section 105 of the
Patna High Court CR. MISC. No.28913 of 2026(2) dt.05-05-2026
2/2
B.N.S.S. while making the seizure. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 04.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Panapur P.S. Case No. 103 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 2nd Exclusive Special Excise
Judge, Saran (Chapra).
(Ashok Kumar Pandey, J)
lata/-
U T
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