Patna High Court
Shibu ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
Shibu Chauhan, a driver of a Toto, was arrested on 30 May 2026 in connection with a case involving the seizure of 91.5 litres of illicit foreign liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed he had no conscious possession of the liquor, had a clean antecedent, and was falsely implicated merely because he was the driver. The prosecution opposed bail, arguing the seriousness of the offence. The High Court considered the facts, the petitioner’s lack of direct involvement, and his clean record, and ordered that bail be granted on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether mere participation as a driver of the vehicle from which liquor was seized makes the petitioner culpable.
- Whether the seriousness of the offence and risk of tampering justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- prohibition
- illicit liquor
- Section 30(a)
- driver liability
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36817 of 2026
Arising Out of PS. Case No.-237 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Shibu Chauhan Son of Sagur Chauhan @ Chhangur Resident of Faringola,
P.S.- Kishanganj, District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Raj Kumar, learned counsel for the
petitioner and Mr. Brajendra Nath Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.05.2026 in connection with Kochadhaman P.S. Case No. 237
of 2026, F.I.R. dated 29.04.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. Recovery is of 91.5 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.36817 of 2026(2) dt.16-06-2026
2/3
the recovery of altogether 91.5 liters of foreign liquor has been
made from the Toto in question and petitioner has been made
accused in the present case merely on the ground that he is the
driver of the said Toto. He further submits that the petitioner has
no concern at all from the recovery of the illicit liquor or the
Toto in question. The petitioner is in custody since 30.05.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
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 Exclusive
Special Judge (Excise-I) Kishanganj in connection with
Kochadhaman P.S. Case No. 237 of 2026 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
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
Patna High Court CR. MISC. No.36817 of 2026(2) dt.16-06-2026
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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)
Vanisha/-
U T
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