Created by Fuzzy Cloud

Patna High Court

Chandan Kumar @ Bholu Kumar @ Chandan Kumar ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Chandan Kumar, was implicated in a case (Siwan Town P.S. Case No. 859/2025) for allegedly possessing 102 litres of illegal country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The prosecution’s case relied on a confessional statement of co‑accused Vijay Kumar, while no liquor was recovered from the petitioner’s possession. The petitioner’s counsel argued innocence, highlighted the lack of direct recovery, and noted that bail had been granted in four other pending cases against him. The State opposed the bail application. The High Court, after hearing both sides, declined to grant bail, finding the circumstances insufficient to warrant release pending trial.

Issues considered

  • Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
  • Whether a confessional statement of a co‑accused alone justifies denial of bail in the absence of seized contraband from the petitioner.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • illegal liquor
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42062 of 2026
                      Arising Out of PS. Case No.-859 Year-2025 Thana- SIWAN CITY District- Siwan
                 ======================================================
                 Chandan Kumar @ Bholu Kumar @ Chandan Kumar Chauhan Son of Suresh
                 Chauhan Resident of Vill- Lakshmipur, P.S.- Siwan Town, Distt.- Siwan

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-07-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Siwan Town P.S. Case No. 859/2025 registered on

                   30.10.2025 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2016.

                                3. As per prosecution, total recovery of 102 liters

                   illegal country made liquor, is the subject matter of the present

                   case.

                                4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. Learned counsel further submits that nothing has been

                   recovered from the possession of the petitioner. He further

                   submits that the alleged recovery was made from a bush of rack
          Patna High Court CR. MISC. No.42062 of 2026(2) dt.01-07-2026
                                                      2/2




                    point of Siswan Dhala which is an open place. The name of the

                    petitioner has dragged in this case only on the basis of

                    confessional statement of co-accused Vijay Kumar. Learned

                    counsel further submits that though four more criminal cases are

                    pending against the petitioner but in all the cases, he has been

                    granted bail.

                                 5. Learned APP for the State opposes the prayer for

                    bail.

                                 6. In this background, this Court is not inclined to

                    grant bail to the petitioner. Accordingly, the prayer for bail of

                    the petitioner in connection with Siwan Town P.S. Case No.

                    859/2025, pending before the learned Court of Special Judge

                    Excise Court-II, Siwan is hereby rejected.



                                                (Dr. Anshuman, J)
Manshi/Ashwini

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.