Created by Fuzzy Cloud

Patna High Court

Chhotelal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding insufficient grounds for continued detention.

Summary

The petitioner, Chhotelal Kumar, was arrested in connection with a case alleging possession of 171 litres of liquor recovered from a motorcycle, invoking Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no incriminating article in his conscious possession, was not connected to the vehicle, had no prior criminal record, and that the statutory requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were not complied with. The State opposed the bail application. Considering the lack of direct evidence against the petitioner, his clean antecedent, and the procedural lapse, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of equal amount. The petitioner was ordered to be released upon furnishing the bail conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material in his possession
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • criminal procedure
  • Section 30
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5811 of 2026
                     Arising Out of PS. Case No.-385 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Chhotelal Kumar Son of Lalit Paswan Resident of Village- Singhrahiya, P.S.-
                 Ghorasahan, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh, 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

                   Ghorasahan P.S. Case No. 385 of 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 171 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.5811 of 2026(2) dt.31-01-2026
                                                       2/2




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

                     custody since 29.11.2025 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 Ghorasahan P.S.

                     Case No. 385 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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