Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Chandan Kumar, was arrested on the spot for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 100 litres of country-made liquor were recovered from a public bush. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the recovery was from an open area accessible to the public. He had been in custody since 30‑08‑2025 and possessed two prior criminal antecedents, with the prosecution not complying with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the circumstances and length of custody, decided to grant bail. The 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 considering the nature of the offence and the custody period.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor offence
- criminal procedure
- section 30(a)
- section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3725 of 2026
Arising Out of PS. Case No.-563 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Chandan Kumar S/o- Late Ratan Kumar Patel @ Late Ratan Raut @ Late
Ratan Chaudhary R/v- Kolhuarwa Ward No 18 Ps- Motihari Town District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 563 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 100
liters of country made liquor was recovered from bush.
Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.3725 of 2026(2) dt.27-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
made from open place, which is accessible to public at large.
The petitioner is in custody since 30.08.2025 and has got two
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muffasil P.S. Case
No. 563 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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