Patna High Court
Chintu Kumar @ Chint KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Chintu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 15 litres of liquor recovered from a bicycle. He claimed innocence, stating the bicycle did not belong to him and no incriminating material was found in his possession. The State opposed bail, while the petitioner’s counsel highlighted his lack of involvement and the absence of compliance with Section 103 of the BNSS, 2023. Considering the facts, the period of custody since 08‑12‑2025, and the petitioner’s single criminal antecedent, the Court decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of the case.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4508 of 2026
Arising Out of PS. Case No.-347 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Chintu Kumar @ Chint Kumar S/o Deep Narayan Chauhan @ Dip Narayan
Chouhan R/o Village- Janakpur Pokhra, P.S- Nabinagar, Dist- Aurangabad
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, 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
Nabinagar PS Case No. 347 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 15 liters
liquor was recovered from bicycle.
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
no concern with the alleged recovery of liquor. It is submitted
that bicycle does not belong to the petitioner and he has no
Patna High Court CR. MISC. No.4508 of 2026(2) dt.27-01-2026
2/2
concern with the same. The petitioner is in custody since
08.12.2025 and has got one criminal antecedent/s. There is no
compliance of Section 103 of the BNSS, 2023.
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 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 Nabinagar PS Case
No. 347 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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