Patna High Court
Chutun Patel @ Chutun BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted to the petitioner as there is no incriminating material in his possession and the period of custody is excessive.
Summary
The petitioner, Chutun Patel, was arrested in connection with the recovery of 1005 litres of liquor alleged to be in violation of Sections 30(a), 33 and 41(1) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was hidden in a drum in a bush, while the petitioner asserted innocence, stating no incriminating material was found in his possession and that the recovery was from an open area accessible to all. The petitioner had been in custody since 21‑11‑2025 and possessed two prior criminal antecedents, but the State failed to comply with Section 103 of the BNSS, 2023. The court, after considering the lack of direct evidence against the petitioner and the length of custody, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including family surety and mandatory appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act despite the alleged recovery of liquor.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, warrants denial of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition
- excise
- liquor seizure
- criminal procedure
- Section 103 BNSS
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2974 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- Bhopatpur District- East Champaran
======================================================
Chutun Patel @ Chutun Bhagat S/o Binod Bhagat Resident of village -
Bhopatpur, P.S.- Bhopatpur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bhopatpur PS Case No. 61 of 2025 instituted for the offences
under Section/s 30(a), 33 & 41(1) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 1005 liters
liquor was recovered from drum hidden in the bush.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.2974 of 2026(2) dt.19-01-2026
2/2
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 21.11.2025 and has
got two criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhopatpur PS Case
No. 61 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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