Patna High Court
Kalicharan @ AngadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail should be granted to the petitioner, subject to a bond and sureties, as the circumstances did not warrant continued detention.
Summary
The petitioner, Kalicharan, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 60.33 litres of foreign liquor recovered from a third party's house. The prosecution alleged his involvement, while the petitioner claimed innocence, stating no incriminating material was found in his possession and that he had no connection to the recovered liquor. The petitioner had been in custody since 30 March 2026 and possessed five prior criminal antecedents. The Additional Public Prosecutor opposed bail, but the court considered the facts, the period of custody, and the lack of direct evidence against the petitioner. Consequently, the court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Excise Court.
Issues considered
- What is the appropriate consideration for granting bail under Section 30(a) of the Bihar Prohibition and Excise Act in light of the petitioner’s custody period and prior criminal antecedents?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal antecedent
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29999 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- HISUWA District- Nawada
======================================================
Kalicharan @ Angad S/o Sugariv Chauhan R/o vill - Teli Tola, Hisua, P.s.-
Hisua, Distt - Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Hisua
P.S. Case No. 01 of 2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case is that 60.33 liters of foreign
liquor was recovered from the house of Mukesh Singh situated
at village Kanchanbagh.
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. The petitioner is
Patna High Court CR. MISC. No.29999 of 2026(2) dt.06-05-2026
2/2
in custody since 30.03.2026 and has got five criminal
antecedent.
5. Learned APP 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. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of Learned
Exclusive Special Excise Court-I, Nawada/concerned Court in
connection with Hisua P.S. Case No. 01 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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