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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          (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


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