Patna High Court
Kanhaiya Kumar @ Lado ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary bond and specific conditions.
Summary
The petitioner, Kanhaiya Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 95 litres of liquor recovered from a jute sack. He claimed innocence, stating that no incriminating material was found in his possession and that his name was implicated based on a local chowkidar's disclosure. The petitioner had been in custody since 31‑12‑2025 and possessed four prior criminal antecedents, and the prosecution argued that Section 103 of the B.N.S.S., 2023 had not been complied with. The State opposed bail, while the petitioner’s counsel sought release on bail. Considering the facts, the period of custody, and the lack of direct evidence, the Court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the custody period and prior criminal antecedents
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 precludes the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30
- Bihar
- antecedents
- conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7223 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
Kanhaiya Kumar @ Lado Chaudhary S/o- Rajaram Chaudhary Resident of
Village- Uttarpatti Tilauthu, P.S.- Tilauthu, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Tilauthu P.S. case No.
370 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 95 liters liquor
was recovered from jute sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.7223 of 2026(2) dt.10-02-2026
2/3
on the basis of disclosure made by local chowkidar. The
petitioner is in custody since 31.12.2025 and has got four
criminal antecedents. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Tilauthu P.S. case
No. 370 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
Patna High Court CR. MISC. No.7223 of 2026(2) dt.10-02-2026
3/3
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.