Patna High Court
Chandan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Chandan Kumar Singh, was arrested in connection with the alleged seizure of 240 litres of spirit from his residence, alleged to violate several sections of the Bihar Narcotic Substances (B.N.S.) Act and the Bihar Prohibition and Excise (Amendment) Act. He contended that the seizure was unlawful because the police did not comply with Section 105 of the B.N.S. and that no spirit was actually recovered from his possession. The petitioner had been in judicial custody since 7 April 2026 and sought regular bail, claiming innocence and false implication. The State opposed the bail application, emphasizing the seriousness of the offences. After hearing both sides, the court found merit in the procedural objections and, considering the circumstances, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences alleged under the B.N.S. and the Bihar Prohibition and Excise (Amendment) Act.
- Whether the seizure of the spirit complied with Section 105 of the B.N.S., and if non‑compliance warrants bail.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) Act — s. 318(4), 319(2), 336(3), 338, 3(5)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 34, 37, 45
Subjects
- regular bail
- seizure
- procedural lapse
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37991 of 2026
Arising Out of PS. Case No.-232 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Chandan Kumar Singh S/o- Late Fulendra Singh R/v- Satyendra Nagar,
Chandi Colony, ward no. 3, P.S. Aurangabad Town, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 319(2),
318(4), 338, 336(3) and 3(5) of B.N.S. and Sections 30(a), 34,
37 and 45 of the Bihar Prohibition and Excise (Amendment)
Act.
3. The case of the prosecution, in short is that from
the house of this petitioner, altogether 240 liters of spirit was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
Patna High Court CR. MISC. No.37991 of 2026(2) dt.30-06-2026
2/2
petitioner has submitted that nothing has been recovered from the
possession of this petitioner. It has further been submitted that
the witnesses of the seizure list are police personnel. Police has
not complied Section 105 of the B.N.S.S. while making the
seizure. Petitioner is languishing in judicial custody since
07.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Aurangabad Town P.S. Case No. 232 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Special Judge-cum-Exclusive Special Judge, Excise
Court No.1, Aurangabad (Bihar).
(Ashok Kumar Pandey, J)
lata/-
U T
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