Patna High Court
Chotu @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, finding no sufficient grounds to deny it.
Summary
The petitioners, Chotu and Guddu, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 197.52 liters of foreign liquor recovered from three motorcycles. They contended that they were innocent, had no ownership of the motorcycles, and no incriminating material was found on them, also noting the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, considering the absence of direct evidence, the petitioners' clean record, and the period of custody already served, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and ownership of the seized motorcycles.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- foreign liquor
- motorcycle seizure
- Section 103 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3529 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- DAWATH District- Rohtas
======================================================
1. Chotu @ Vivek Kumar S/O Kadelal @ Rajeshwar Singh Resident of
Village- Sahpur, P.S.- Dawath, District- Rohtas.
2. Guddu @ Amit Kumar S/O Om Prakash Singh Resident of Village- Sahpur,
P.S.- Dawath, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashikant, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Dawath PS Case No. 369 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 197.52 liters
foreign liquor was recovered from three motorcycles.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.3529 of 2026(2) dt.19-01-2026
2/2
submitted petitioners are not the owner of the motorcycles in
question and they have no concern with the same. The
petitioners are in custody since 23.12.2025 and has got no
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dawath PS Case
No. 369 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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