Patna High Court
Chandan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties and compliance with specified conditions.
Summary
The petitioner, Chandan Kumar, was arrested on 26 March 2026 in connection with an FIR dated 25 March 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act (Amended‑2022), involving the recovery of 15 litres of illicit country‑made liquor from the Chapra Railway Station platform. The petitioner argued that the liquor was not found in his conscious possession and that the seizure was conducted by police personnel, thereby breaching Sections 103 and 105 of the B.N.S.S., 2023. The State opposed bail, noting a similar pending case, though the petitioner was already on bail in that matter. The Court considered the lack of direct possession, the procedural lapses in seizure, and the petitioner’s prior bail status, and consequently ordered his release on bail subject to a Rs.10,000 bond with two sureties and several conditions regarding trial cooperation, evidence tampering, and disclosure of criminal antecedents. The bail bond is to be furnished to the Exclusive Special Excise Judge, Saran, and may be cancelled if conditions are violated.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor complied with Sections 103 and 105 of the B.N.S.S., 2023.
- Impact of the petitioner’s other pending case on the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure procedure
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29680 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Chandan kumar S/o Upendra Prasad Resident of Village - (Mauna) Jatahi
Pokhra Ward no. 34 Police Station - Nagar, 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, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Ms.Mili Kumari, learned counsel for the
petitioner and Ms.Dr. Indiwar Kumari, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
26.03.2026 in connection with Chapra Rail Kacheri P.S. Case
No. 06 of 2026, F.I.R. dated 25.03.2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act (Amended-2022).
3. Recovery is of 15 liters of illicit country made
liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from Chapra
Patna High Court CR. MISC. No.29680 of 2026(2) dt.04-05-2026
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Railway Station Platform and it appears from the FIR as well as
seizure list that the seizure list witnesses are police personnel so
there is non-compliance of Sections 103 and 105 of B.N.S.S.,
2023 and altogether 15 litre of country made liquor has been
recovered and the petitioner is in custody since 26.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one of similar nature but he
fairly submits that the petitioner is on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned 3 rd Exclusive Special Excise
Judge, Saran at Chapra in connection with Chapra Rail Kacheri
P.S. Case No. 06 of 2026,with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.29680 of 2026(2) dt.04-05-2026
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witnesses, in that case, the prosecution will be at liberty to 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)
Nitesh/-
U T
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