Patna High Court
Chaneshwar @ Chandeshwari Nut @ Chandeshwar NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated bond and conditions.
Summary
The petitioner, Chaneshwar, was charged under Sections 30, 30(a) and 45 of the Bihar Prohibition and Excise Act and Sections 147, 341, 337, 353 and 504 of the IPC for alleged possession of 10 litres of liquor recovered from a roadside. He claimed innocence, stating no incriminating material was found in his possession and that the liquor was in a public area; he also highlighted the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, while the petitioner, already in custody since 19‑11‑2025 and having seven prior criminal antecedents, sought release. The Court, considering the facts, the duration of custody, and the earlier anticipatory bail granted to a co‑accused, decided to grant bail subject to a Rs.15,000 bond with two sureties and specific conditions regarding family surety, court appearances, and non‑interference with evidence or witnesses. The order directs that bail may be cancelled if the petitioner defaults on appearances, tampers with evidence, or commits any further offence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedents
- Whether the prosecution has complied with Section 103 of the BNSS, 2023 in the bail application
- Whether the earlier anticipatory bail granted to a co‑accused influences the present bail application
Legislation cited
- BNSS, 2023 — s. 103
- Indian Penal Code — s. 147, 337, 341, 353, 504
Subjects
- bail
- Bihar Prohibition and Excise Act
- Indian Penal Code
- anticipatory bail
- criminal antecedent
- Section 103 BNSS
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3817 of 2026
Arising Out of PS. Case No.-829 Year-2020 Thana- MADHAURAH District- Saran
======================================================
Chaneshwar @ Chandeshwari Nut @ Chandeshwar Nut S/O Saral Nut R/O
Village- Bajit Bhoraha, P.S - Marhowrah, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
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
Marhowrah PS Case No. 829 of 2020 instituted for the offences
under Section/s 30, 30(a) & 45 of the Bihar Prohibition and
Excise Act and Sections 147, 341, 337, 353 & 504 of the Indian
Penal Code (for short ‘IPC’).
3. The prosecution case, in short, is that 10 liters
liquor was recovered near roadside.
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.3817 of 2026(2) dt.27-01-2026
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no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 19.11.2025 and has
got seven (7) criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023. Other co-accused has been
granted anticipatory bail by this Court vide order dated
01.07.2021, passed in Cr. Misc. No. 796 of 2021.
5. Learned A.P.P. 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Marhowrah PS Case No. 829 of 2020,
subject to the following condition/s:-
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses of the case by intimidating/pressurizing the witnesses,
during the investigation or trial, in that case, prosecution will be
at liberty to move for cancellation of bail of the petitioner.
(IV) If the petitioner is found indulged in any criminal
activity or commission of any crime after being released on bail,
the prosecution will be at liberty to file an appropriate
application before the court below for cancellation of his bail.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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