Patna High Court
ChandeshwarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Chandeshwar, was arrested in connection with the seizure of 45 litres of illicit country-made liquor behind his house, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that no liquor was found in his possession and that the police seizure violated Section 105 of the B.N.S.S. He also highlighted his clean criminal record and that he had been in judicial custody since 15 March 2026. The State opposed his regular bail application. After hearing both sides, the Patna High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Judge.
Issues considered
- Whether regular bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether the petitioner’s lack of criminal antecedent and circumstances warrant bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- seizure
- Section 105
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28937 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- PARSA District- Saran
======================================================
Chandeshwar Son of Late Rampukar Manjhi Resident Of Village -Parsa
Sankardih Police Station -Parsa District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Ms. Dr. Indiwar Kumari, 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 behind
the house of the petitioner, altogether 45 liters of illicit country
made liquor 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. It has further been submitted that the
witnesses of the seizure list are police personnel. Police has not
complied Section 105 of the B.N.S.S. while making the seizure.
Patna High Court CR. MISC. No.28937 of 2026(2) dt.05-05-2026
2/2
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 15.03.2026.
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
Parsa P.S. Case No. 129 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 3 rd Exclusive Special Excise
Judge, Saran at Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.