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Patna High Court

Kanhaiya Kumar @ Lado ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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