Patna High Court
Atul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to specified conditions.
Summary
The petitioners, Atul Kumar and Bambam Chaudhari, were arrested after 282 litres of liquor were recovered from a car in Dhanaha, West Champaran, and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. They contended that they were merely a driver and a passenger, had no knowledge of the contraband, were not owners of the vehicle, and that no incriminating material was found on them. The petitioners also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and their clean criminal record. The State opposed bail, but the Court, considering the circumstances and the length of custody, decided to grant bail. The bail was set at Rs. 15,000 each 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 Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material and lack of ownership of the vehicle justify bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- Bihar
- liquor seizure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5958 of 2026
Arising Out of PS. Case No.-385 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
1. Atul Kumar S/O Birendrasingh Resident of Village- purbapatti,bidhuna,
P.S.-bidhuna District- Auraiya
2. Bambam Chaudhari S/O Madan Chaudhari R/O Village- Tulsiyahi, PS-
bihara, Distt-Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rambabu Yadav, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Dhanaha P.S. Case No. 385 of 2025, instituted for the offences
punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 282 liters
liquor was recovered from car and the petitioners were arrested
on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.5958 of 2026(2) dt.31-01-2026
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners are
not owner of the car in question rather petitioner no. 1 was
driver and and petitioner no. 2 was sitting in that car and both of
them have got no knowledge with regard to the nature of goods
loaded in the vehicle. The petitioners are in custody since
29.11.2025 and have got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dhanaha P.S. Case
No. 385 of 2025, subject to the following conditions;
(I) One of the bailors shall be own/close member of
the family of the petitioners.
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(II) The petitioners 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 petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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