Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner with specified bond and surety conditions, subject to compliance with Section 480(3) of the BNSS.
Summary
The petitioner, Chandan Kumar, was arrested after 25 litres of country liquor were recovered from his e-rickshaw during a police raid. He was charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016, and had been in custody since 9 February 2026 with a charge‑sheet already filed. The petitioner claimed innocence, stating that no incriminating material was found on his person and that he was falsely implicated, while the State opposed bail. The court considered the length of custody, the filing of the charge‑sheet, and the nature of the offence, and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016 considering the custody period and charge‑sheet filing
- Whether the conditions imposed under Section 480(3) of the BNSS are appropriate for the grant of bail
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 32(3)
- BNSS — s. 480(3)
Subjects
- bail
- excise
- prohibition
- liquor seizure
- Bihar Prohibition & Excise Act
- criminal procedure
- Section 480(3) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30317 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Chandan Kumar S/O Supan Ray R/O Vill.- Lohra Ward no. 9, P.s.- Chapra
Muffasil, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Chapra Sadar Excise P.S. Case No. 32 of 2026
registered for the alleged offences under Sections 30(a), 32(3) of
the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, recovery of 25 liters of
country liquor was made from the e-rikshaw being driven by the
petitioner who tried to run away on seeing the police party but
was apprehended.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and nothing incriminating has been recovered from his
person or possession. The petitioner has no concern with the
Patna High Court CR. MISC. No.30317 of 2026(2) dt.11-05-2026
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said e-rikshaw or the liquor seized. Learned counsel further
submits that the petitioner is having antecedent of one case in
which he is on bail. The petitioner is in custody since
09.02.2026 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner along with submission of
charge-sheet, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 3,
Saran at Chapra/court concerned in connection with Chapra
Sadar Excise P.S. Case No. 32 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
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or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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