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Patna High Court

Chandan Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Chandan Kumar Ram was arrested in connection with a case alleging possession of 144 litres of liquor recovered from a motorcycle, violating Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his personal possession, and that he had no link to the vehicle or prior criminal record. He also argued that the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, but the Court, considering the lack of incriminating material against the petitioner and the period of custody already served, 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 the Bihar Prohibition and Excise Act.
  • Whether the absence of incriminating material in the accused's possession justifies bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • false implication
  • Section 103
  • surety
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5808 of 2026
                 Arising Out of PS. Case No.-194 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
                 Chandan Kumar Ram Son of Sri Prasad Ram @ Shri Prasad Ram Village-
                 Sananpatti, PS- Narahiya, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :        Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Jhanjharpur P.S. Case No. 194 of 2025 instituted for the

                   offences punishable under Section 30(a), 32(1), 32(3) of the

                   Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 144 litres

                   of liquor was recovered from motorcycle.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in
           Patna High Court CR. MISC. No.5808 of 2026(2) dt.31-01-2026
                                                       2/2




                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 25.10.2025 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 Jhanjharpur P.S.

                     Case No. 194 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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