Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and specific conditions.
Summary
The petitioner, Chandan Kumar, was arrested on 17 February 2026 in connection with a case involving the seizure of 91.600 litres of liquor from the house of his mother, Vijanti Devi, under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioner argued that no liquor was found in his possession and that he was implicated solely on the basis of his relationship to the co‑accused, contending that mandatory provisions of Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed bail, citing two prior cases against the petitioner, though he was already on bail in those matters. The Court examined the facts, the lack of direct involvement, and the procedural lapses, and decided to grant bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the District and Additional Sessions Judge‑IV‑cum‑Exclusive Special Excise Court‑II, Gopalganj.
Issues considered
- What is the applicability of Sections 103 and 105 of the BNSS, 2023 in the grant of bail in this case?
- Whether the petitioner’s alleged lack of direct possession of the seized liquor justifies bail despite the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- criminal procedure
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- BNSS 2023
- Sections 103 and 105
- liquor seizure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32782 of 2026
Arising Out of PS. Case No.-530 Year-2024 Thana- MIRGANJ District- Gopalganj
======================================================
Chandan Kumar S/o Shivji Pasi R/o Village- Piprakhas, P.S.- Mirganj,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra
For the Opposite Party/s : Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Vyas Kumar Mishra, learned counsel
for the petitioner and Md. Iftekhar Mahmood, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in connection with Mirganj P.S. Case No. 530 of
2024 for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. The case of the prosecution, in brief, is that the
allegation is of recovery of 91.600 liters of liquor from the
house of co-accused Vijanti Devi.
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner and
altogether 91.600 liters of liquor was recovered from the house
Patna High Court CR. MISC. No.32782 of 2026(2) dt.13-05-2026
2/3
of co-accused Vijanti Devi. It is next submitted that petitioner
has been made an accused in the present case on the ground that
he is the son of Vijanti Devi and on the basis of suspicion he has
been falsely implicated even when the petitioner was not
apprehended from the place of occurrence. It is next submitted
that there is non-compliance of mandatory provisions of
Sections 103 and 105 of BNSS, 2023 and petitioner is in
custody since 17.02.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of two cases other than
the present case but fairly submits that petitioner is on bail in the
pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-IV-cum-Exclusive Special
Excise Court-II, Gopalganj in connection with Mirganj P.S.
Case No. 530 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.32782 of 2026(2) dt.13-05-2026
3/3
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.