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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Chandan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 684 litres of illicit Mahua liquor from two CNG auto‑rickshaws. The petitioner claimed he was falsely implicated, had no possession of the liquor or the vehicles, and possessed a clean antecedent, having been in custody since 5 April 2026. The prosecution opposed bail, but the court considered the nature of the allegation, the lack of incriminating material against the petitioner, and the period of custody. The court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety and attendance requirements. The petitioner was ordered to be released on bail pending further proceedings.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • Section 30
  • Section 480(3)
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32358 of 2026
                        Arising Out of PS. Case No.-129 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Chandan Kumar S/o Lalan Mahto R/o - Sukumarpur, P.S - Rustampur,
                 District - Vaishali
                                                                  ... ... Petitioner/s

                                                         Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mithilesh Kr. Arya, Advocate
                 For the Opposite Party/s :        Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Nadi P.S. Case No. 129 of 2026 registered for

                   the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, police received

                   information about loading of illicit liquor and when the police

                   reached near the cremation ghat it found two CNG Auto

                   rickshaws were being loaded with some sacks and a person

                   started running away on seeing the police party who was

                   apprehended and he named the petitioner. On search of the

                   Autos, recovery of 684 litres of country made Mahua liquor was

                   made.
Patna High Court CR. MISC. No.32358 of 2026(2) dt.12-05-2026
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                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Nothing incriminating has been recovered from the person

          or possession of the petitioner. The petitioner has no concern

          either with the seized liquor or the Autos or the motorcycle. The

          recovery has been made from an open place. The petitioner is

          having clean antecedent and he is in custody since 05.04.2026.

                       05. Learned APP 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

          nature of allegation and period of custody of the petitioner, 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 Court of Excise, Patna City, Patna/concerned

          Court in connection with Nadi P.S. Case No. 129 of 2026,

          subject to the conditions mentioned in Section 480(3) of

          B.N.S.S. and also the following conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioner.

                                          (ii) The petitioner will remain present
            Patna High Court CR. MISC. No.32358 of 2026(2) dt.12-05-2026
                                                        3/3




                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates 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)

    DKS/-

U       T


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