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Patna High Court

Atul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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.
             Patna High Court CR. MISC. No.5958 of 2026(2) dt.31-01-2026
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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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