Patna High Court
Chandan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Chandan Prasad, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 204 litres of country‑made foreign liquor recovered from an E‑Rickshaw. He contended that he was falsely implicated, had no incriminating material in his conscious possession, and possessed a clean criminal record, having been in custody since 2 March 2026. The State, represented by the Additional Public Prosecutor, opposed the bail application, arguing the seriousness of the offence. The Court examined the facts, the period of custody already served, and the lack of direct evidence against the petitioner. Considering these circumstances, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount. The order expressly stated that the observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the offence and the custody already undergone.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- illegal liquor
- possession
- criminal procedure
- preliminary hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30048 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- KATEYA District- Gopalganj
======================================================
Chandan Prasad S/o- Indal Prasad @ Inal R/v- Shukl Bhathai Ps-Chaura Khas
Dist- Kushinagar UP
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baijnath Sah
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
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 Kateya
P.S. Case No. 127 of 2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case is that 204 liters of country
made foreign liquor was recovered from the E-Rickshaw.
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
in custody since 02.03.2026 and has got clean criminal
antecedent.
Patna High Court CR. MISC. No.30048 of 2026(2) dt.06-05-2026
2/2
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 I/C D.A.J.
xiii cum Special Judge Excise-1 Gopalganj/concerned Court in
connection with Kateya P.S. Case No. 127 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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