Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the recovery was made from the motorcycle and not from the petitioner's conscious possession and the investigation failed to comply with Sections 103 and 105 of BNSS, 2023, the court held that bail should be granted.
Summary
The petitioner, Chandan Kumar, was arrested on 23 March 2026 in connection with a case involving the alleged possession of 45 litres of illegal country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The recovery was made from a motorcycle, not from the petitioner's conscious possession, and the seizure list witnesses were police personnel, indicating non‑compliance with Sections 103 and 105 of the BNSS, 2023. The petitioner argued that there was no direct evidence linking him to the liquor and highlighted procedural lapses. The State opposed bail, noting that the petitioner has nine other pending cases, though he is already on bail in those matters. The court, noting the lack of direct possession and procedural deficiencies, granted bail on a bond of Rs 10,000 with specified conditions, and directed verification of his criminal antecedents.
Issues considered
- Whether bail should be granted when the alleged contraband was recovered from a vehicle and not from the petitioner's conscious possession
- Whether non‑compliance with Sections 103 and 105 of BNSS, 2023 warrants bail
- Impact of the petitioner's other pending criminal cases on the bail decision
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- procedural compliance
- Section 103
- Section 105
- criminal antecedent
- multiple pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33445 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- TEGHRHA District- Begusarai
======================================================
Chandan Kumar S/o Police Yadav Resident of Village- Pipra Devas Baba
sthan ward no. 07, P.S.- Barauni, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Bhusan Poddar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr.Braj Bhusan Poddar, learned counsel for
the petitioner and Mr.Uma Shankar Prasad Singh, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
23.03.2026 in connection with Teghra P.S. Case No. 435 of
2025, F.I.R. dated 21.12.2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 45 liters of illegal country made
liquor.
4. Learned counsel appearing for the petitioner
submits that that it appears from the FIR that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from the motorcycle in question and the
Patna High Court CR. MISC. No.33445 of 2026(2) dt.14-05-2026
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petitioner has been identified by the local chowkidar and except
the aforesaid, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 23.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
nine more cases other than the present one but fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, recovery has been
made from the motorcycle in question and there is non-
compliance of Sections 103 and 105 of BNSS, 2023, 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 learned Exclusive Special
Excise Judge I, Begusarai in connection with Teghra P.S. Case
No. 435 of 2025, with 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
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.33445 of 2026(2) dt.14-05-2026
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on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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