Created by Fuzzy Cloud

Patna High Court

Chutun Patel @ Chutun BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.