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Patna High Court

Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing a bond of Rs.10,000 with two sureties.

Summary

Chhotu Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 74.385 litres of illicit foreign liquor. He filed an application for regular bail, claiming he was falsely implicated, that the liquor was not in his conscious possession, that he is a first‑time offender with no prior criminal record, and that the prosecution had not complied with Sections 103 and 105 of the B.N.S.S. The State opposed the bail. The Court examined the facts, noted the petitioner’s lack of antecedents and the circumstances of the case, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, to be enlarged before the Special Excise Court. The bail application was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether non‑compliance with Sections 103 and 105 of the B.N.S.S. affects the grant of bail
  • Whether the petitioner’s status as a first‑time offender and lack of criminal antecedents warrant bail

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • first offender
  • false implication
  • Special Excise Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45342 of 2026
                      Arising Out of PS. Case No.-392 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Chhotu Kumar S/o Late Ram Dayal Chaudhri R/o Village- Bhairopur, Ps-
                 Dariyapur, District- Saran at present sabalpur, Ps- Sonpure, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha,Advocate
                 For the Opposite Party/s :       Mr. Dr. Mritunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   08-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Dariyapur P.S. Case No.

                   392 of 2026, dated 10.05.2026, registered for the offences

                   punishable under Sections 30(a) of Bihar Prohibition and Excise

                   Act.

                                3. As per the allegation, altogether 74.385 liters of

                   illicit foreign liquor has been recovered from the alleged

                   possession of the petitioner.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner has been falsely implicated in this case and

                   nothing has been recovered from the conscious possession of

                   the petitioner. It has further been submitted that there is no
             Patna High Court CR. MISC. No.45342 of 2026(2) dt.08-07-2026
                                                         2/2




                       compliance of Sections 103 and 105 of the B.N.S.S. It has

                       further been submitted that the petitioner is the first offender

                       and he is in custody since 11.05.2026. It has lastly been

                       submitted that the petitioner has got no criminal antecedent.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for bail of the petitioner.

                                    6. Heard the parties and perused the records.

                                    7. Considering the facts and circumstances of the

                       case, the petitioner above-named is directed to be enlarged on

                       bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten

                       Thousand) with two sureties of the like amount each to the

                       satisfaction of learned 1st Exclusive Special Excise Court, Saran

                       at Chapra, in connection with Dariyapur P.S. Case No. 392 of

                       2026.

                                    8. The application stands allowed.



                                                  (Praveen Kumar, J)
Aman/-

U        T


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