Created by Fuzzy Cloud

Patna High Court

Chandan KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Chandan Kumar, was arrested in connection with a case alleging possession of 95 litres of illicit country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case was based on the recovery of the liquor from a public place, not from the petitioner’s personal possession. The petitioner argued that he was falsely implicated, had no criminal antecedent, and that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail, but the court considered the lack of direct incriminating evidence, the petitioner’s clean record, and the period of custody already served. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties.

Issues considered

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

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4691 of 2026
                      Arising Out of PS. Case No.-855 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Chandan Kumar S/O Rajendra Manjhi R/O- Chipurakala Musahari, P.S.-
                 Gaurichak, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, 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

                   Gaurichak P.S. Case No. 855/2025 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 95 litres

                   of illicit country-made liquor has been recovered from plastic

                   gallon.

                               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
             Patna High Court CR. MISC. No.4691 of 2026(2) dt.28-01-2026
                                                         2/2




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

                       petitioner has got no concern with the alleged recovery of

                       liquor. The petitioner is in custody since 07.12.2025 and has no

                       criminal antecedent. 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 Gaurichak P.S. Case

                       No. 855/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.