Patna High Court
Chhotelal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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