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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Chandan Kumar, was arrested in connection with the seizure of 143.640 litres of cane beer from a vehicle, alleged to be an offence under Section 30(a) of the Bihar Excise and Prohibition Act. He contended that he was neither the owner nor the driver, that no contraband was found in his possession, and that the police failed to comply with the mandatory provisions of Section 105 of the B.N.S.S. The State opposed his regular bail application. Considering the lack of ownership, absence of personal possession, procedural lapses, and the petitioner’s clean antecedent, the Court inclined to grant bail. The petitioner was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court, Saran at Chapra.

Issues considered

  • Whether the petitioner is entitled to regular bail for an offence under Section 30(a) of the Bihar Excise and Prohibition Act.
  • Whether the failure of police to comply with Section 105 of the B.N.S.S. affects the grant of bail.
  • Whether the petitioner’s lack of ownership/possession and clean antecedent justify bail.

Legislation cited

Subjects

  • regular bail
  • excise law
  • Section 30(a)
  • police procedure
  • Section 105
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32507 of 2026
                   Arising Out of PS. Case No.-291 Year-2026 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Chandan Kumar S/o Budhram Rai R/o Vill. - Brahampur Nai Basti, P.S. -
                 Bhagwan Bazar, Dist. - Saran at Chapra.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-05-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State through Video Conferencing.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Excise and Prohibition Act.

                                3. The case of the prosecution in brief is that, from a

                   vehicle altogether 143.640 liters of cane beer was recovered.

                                4. Learned counsel for the petitioner submits that

                   petitioner is neither the owner, nor the driver of the vehicle.

                   Nothing has been recovered from possession of the petitioner. It

                   is also submitted that all the witnesses to the seizure list are

                   police personnel, and the police have not complied the

                   mandatory provisions of Section 105 of the B.N.S.S. It has

                   further been submitted that petitioner is having no criminal
            Patna High Court CR. MISC. No.32507 of 2026(2) dt.20-05-2026
                                                        2/2




                      antecedent. He is in custody since 02.04.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of the regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this Court is inclined to enlarge the petitioner on

                      bail. The above-named petitioner is directed to be released on

                      bail in connection with Bhagwan Bazar P.S. Case No. 291 of

                      2026 on furnishing bail bond of Rs. 10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned 1st, Exclusive Special Excise Court, Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
khushbu/-

U      T


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