Patna High Court
Chandan Kumar @ Bholu Kumar @ Chandan Kumar ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
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