Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
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
2/3
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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