Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Chandan Kumar was arrested on 21 May 2026 in connection with a case alleging that he manufactured and sold country-made wine, violating Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on a police raid that seized 40 litres of wine and related manufacturing articles, and on statements of co‑accused persons. The petitioner contended that he was falsely implicated, that the seizure was recorded only by police witnesses in breach of Sections 103 and 105 of the Bihar National Security and Surveillance Act, 2023, and that his arrest was solely on suspicion and his prior criminal record. The State opposed bail, citing the petitioner’s antecedent in another case, though he was already on bail in that matter. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the Bihar Prohibition and Excise Act given the nature of the offence and the evidence presented?
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
Legislation cited
- Bihar National Security and Surveillance Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
Subjects
- bail
- prohibition law
- excise
- false implication
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38927 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- SHEKHPURA District- Sheikhpura
======================================================
Chandan Kumar Son of Manoj Ram Resident of Village- Budhauli, P.S.-
Sheikhpura, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad
: Mr. Rajnish Kumar
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.05.2026 in connection with Sheikhpura P.S. Case No. 127 of
2026 for the offences punishable under Sections 30(a) and 30(c)
of Bihar Prohibition and Excise Act.
3. That the prosecution case in brief is that the
informant police party got secret information here in that CO
accused persons with petitioner manufacturing the country made
wine and selling then this information for verification police
party reached at the Chadiyari Khandha near the pokhar and saw
that 3 persons tried to fled away but police party caught them.
The apprehended persons disclose their name (i) Gautam Kumar
Patna High Court CR. MISC. No.38927 of 2026(2) dt.22-06-2026
2/4
(ii) Chandan Kumar and (iii) Sanny Kumar. Thereafter the
police party search and seized 40 liters country made wine and
some manufacturing articles from the Chadiyari Kandha near
the pond. During the interrogate by police the apprehended
persons aid that all manufacturing articles and raw materials
provided from the Kator Yadav and finish material also take
over. And labor charge given each person Rs. 3000. Thereafter
seizure list prepared in presence of two official witnesses.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. It is
further submitted that it appears from the FIR and seizure list
that 40 liters of country made wine and some manufactured
articles were recovered from Chadiyari Kandha near pond. It is
next submitted that petitioner has been made an accused in this
case merely on the basis of suspicion and due to his previous
criminal antecedent. It is next submitted that from perusal of the
seizure list it appears that the seizure list witnesses are police
personnel so there is non-compliance of mandatory provisions
of Sections 103 and 105 of BNSS, 2023 and petitioner is in
custody since 21.05.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.38927 of 2026(2) dt.22-06-2026
3/4
submits that petitioner has antecedent of one case other than the
present case but fairly submits that the petitioner is on bail in the
pending matter.
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 Court of
Exclusive Excise Court, Sheikhpura in connection with
Sheikhpura P.S. Case No. 127 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 her absence on two consecutive dates without sufficient
reason, her 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
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
Patna High Court CR. MISC. No.38927 of 2026(2) dt.22-06-2026
4/4
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)
Gaurav Sinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.