Patna High Court
Chandsi Ray @ Chansi RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioner on bail.
Summary
The petitioner, Chandsi Ray, was arrested in connection with the alleged seizure of 1,568 litres of spirit from a pick‑up van, charged under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle, that his name was linked to the case only through an informant’s tip, and that no spirit was found in his conscious possession. The petitioner also argued that the seizure violated Section 105 of the BNSS, which was not complied with at the time of seizure. Despite having one prior criminal antecedent and being in custody since 28‑03‑2026, the court considered the lack of direct possession and procedural lapses. The court therefore granted regular bail on a bond of Rs.10,000 with two sureties, directing release to the satisfaction of the Special Excise Court.
Issues considered
- Whether bail should be granted to the accused under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act given the alleged seizure and procedural irregularities.
- Whether the non‑compliance of Section 105 of the BNSS and the absence of conscious possession justify bail despite a prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- BNSS — s. 105
Subjects
- bail
- excise
- prohibition
- seizure
- procedural lapse
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28944 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- TARAIYA District- Saran
======================================================
Chandsi Ray @ Chansi Rai Son of Janak Rai Resident of village Gunrajpur,
P.S.- Taraiya, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, 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 sections 30 (a) and
41 (1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in brief, is that from a pick-
up van, a total of 1568 litres of spirit was allegedly recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner is neither the owner nor the driver of the said pick-up
van. It is further submitted that the name of the petitioner has
surfaced during the course of investigation on the basis of
information allegedly disclosed by the informant, who has
Patna High Court CR. MISC. No.28944 of 2026(2) dt.05-05-2026
2/2
stated that the petitioner is involved in excise-related offences. It
is also submitted that nothing has been recovered from the
conscious possession of the petitioner. The witnesses to the
seizure list are police personnel, and the mandatory provisions
of Section 105 of the BNSS have not been complied with at the
time of seizure. It is further submitted that the petitioner has one
criminal antecedent and is in custody since 28.03.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the aforesaid 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 Tariya P.S. Case No. 66 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 Court, Saran at Chapra.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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