Patna High Court
Chandramohan Kumar Chandan @ Chandramohan Ku. ChandanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail is warranted as the petitioner’s alleged involvement lacks prima facie evidence of possession.
Summary
The petitioner, Chandramohan Kumar Chandan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The seizure involved 270 litres of liquor recovered from two motorcycles and a car, one of which was registered in the petitioner’s name but was allegedly being used by a relative. The petitioner argued that he had no conscious possession of the liquor and that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court, noting the lack of prima facie evidence of the petitioner’s possession and his clean antecedents, directed that he be released on bail upon furnishing a bond and sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged seizure of illicit liquor.
- Whether the mere ownership of a vehicle used in the alleged contravention suffices to establish the petitioner’s possession of the illicit liquor.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 317
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45557 of 2026
Arising Out of PS. Case No.-269 Year-2024 Thana- SONBERSA District- Sitamarhi
======================================================
Chandramohan Kumar Chandan @ Chandramohan Ku. Chandan Son of Braj
Kumar Ram Resident of Village- Andhari, ward no. 02, P.S.- Benipatti, Dist.-
Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Bhavesh Kumar Sah, Adv.
For the Opposite Party : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Sonbarsa
P.S. Case No.269 of 2024 registered under Section 317 (5)
of Bharatiya Nyaya Sanhita (hereinafter referred as ‘B.N.S.’,
2023) and 30(a) of Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 270 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that recovery of alleged illicit liquor was made
Patna High Court CR. MISC. No.45557 of 2026(2) dt.10-07-2026
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from two bikes and an alto car. It is also submitted that
name of petitioner arrayed solely for the reason that
petitioner is the registered owner of one of the said
motorcycle bearing Registration No. BR07AC 2336, which
was involved in carrying illegal consignment of liquor. The
said motorcycle was taken by one of the relative of petitioner
and it can be safely said that recovery of illicit liquor was not
made from conscious possession of this petitioner. It is
pointed out that the seizure list also appears doubtful being
not supported by independent witnesses rather than by
police personnel. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean accordingly, the petitioner,
above-named, in the event of his arrest or surrender in the
court below within a period of four weeks from today, is
directed to be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.45557 of 2026(2) dt.10-07-2026
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Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge, Exclusive Excise Court- 1, Sitamarhi, in connection
with Sonbarsa P.S. Case No.269 of 2024, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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