Patna High Court

Chandan Kumar @ Nepali @ Chandan ThakurversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding that the circumstances did not justify continued detention.

Summary

The petitioner, Chandan Kumar, was arrested in connection with the recovery of 198 litres of illicit Nepali liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no incriminating article was found in his possession and that the liquor was recovered from a public area, asserting false implication. The State opposed bail, while the petitioner, represented by counsel, highlighted the lack of direct evidence and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, noting the circumstances of the recovery, the period of custody since 4 January 2026, and the petitioner’s four prior criminal antecedents, decided to grant bail. Bail was ordered on a bond of Rs 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
illicit liquor
Section 30(a)
Section 103
criminal procedure
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4625 of 2026
                      Arising Out of PS. Case No.-9 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Chandan Kumar @ Nepali @ Chandan Thakur S/O Baidyanathnath Thakur
                 @ Baidhnath Thakur Resident of village- Jitwarpur, Ward No. 07, P.S-
                 Rahika, Dist.- Madhubani, Permanent Add- Umgaon, Ward No. 18, P.S-
                 Harlakhi, Distt.- Madhubani.
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhavesh Kumar Sah, Advocate
                                                   Mrs. Archna Aanand, Advocate
                 For the Opposite Party/s :        Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 09 of 2026 arising out of G.O. Case No. 40

                   of 2026 instituted for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 198 litres

                   of illicit Nepali liquor has been recovered from bushes.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The

                   petitioner has got no concern with the alleged recovery of
             Patna High Court CR. MISC. No.4625 of 2026(2) dt.28-01-2026
                                                         2/2


                       liquor. The petitioner is in custody since 04.01.2026 and has

                       four criminal antecedents. There is no compliance of Section

                       103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Sadar Excise P.S.

                       Case No. 09 of 2026 arising out of G.O. Case No. 40 of 2026,

                       subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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