Patna High Court
Chunmun NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted where the allegations do not prima facie establish a likelihood of the petitioners absconding, tampering with evidence, or influencing witnesses, and the seizure was not shown to be unlawful.
Summary
Petitioners Chunmun Nat and Vishal Nat sought anticipatory bail in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, alleging that the police had seized illicit liquor based on a co‑accused's confession made while in custody. They contended that the seizure was from an open place not belonging to them and that the investigation violated Section 103 of the Bihar Negotiable Substances Act. The State opposed the bail, relying on the informant’s report and the co‑accused’s statement. The Court examined the material and found no prima facie evidence that the petitioners would abscond, tamper with evidence, or influence witnesses, and noted the lack of a direct link between the seized goods and the petitioners. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, imposing conditions under Section 482(2) of the Bihar Negotiable Substances Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Substances Act.
- Whether the seizure of liquor and mahua violated Section 103 of the Bihar Negotiable Substances Act.
- Whether the confession of a co‑accused made in police custody can be used to implicate the petitioners.
Legislation cited
- Bihar Negotiable Substances Act — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- seizure
- illegal liquor
- confession of co‑accused
- Section 30
- Bihar Prohibition and Excise Act
- Section 103
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34340 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- EXCISE MAHARAJGANJ District-
Siwan
======================================================
1. Chunmun Nat S/O Phagu Nat Resident of Village- Shekhpura, P.S.-
Goriakothi, Dist.- Siwan
2. Vishal Nat S/O Prabhu Nat Resident of Village- Shekhpura, P.S.- Goriakothi,
Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyamli Kumari, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Maharajganj P.S. Case No. 60 of 2026,
dated 22.02.2026 registered for the offences punishable under
Sections 30(a) and 30(c) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, upon secret
information, the informant along with the police force
conducted a raid at Sheikhpura Tola. During the raid, one
person, namely Pappu Kumar, was arrested and he disclosed the
name of the petitioners before police while in police custody
Patna High Court CR. MISC. No.34340 of 2026(2) dt.18-05-2026
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alleging that they were the persons who fled away from the
place of occurrence. As per the seizure list, altogether 330 litres
of illicit country-made liquor and 4650 litres of java mahua was
recovered from an open place.
4. Learned counsel for the petitioners has submitted
that petitioners were not arrested at the spot and the name of the
petitioners transpired on the basis of confessional statement of
co-accused before police while in police custody. It has further
been submitted that the place of seizure does not belong to the
petitioners. It has further been submitted that the recovery has
been made from an open place which is accessible to all. It has
further been submitted that search and seizure is in violation of
Section 103 of B.N.S.S. It has further been submitted that the
name of the petitioners have been implicated in the present case
through the mouth of the confessing co-accused person. It has
lastly been submitted that petitioners have been made accused
earlier in two other cases.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
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arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, Siwan in connection with Maharajganj P.S. Case No.
60 of 2026, subject to conditions as laid down under section
482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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