Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail was granted because the petitioners were not owners or drivers of the seized vehicle and no material linked them to the illegal liquor, making bail permissible under Section 438(2) CrPC.
Summary
The petitioners, Chandan Kumar and Rakesh Kumar, feared arrest in a case under Sections 30a and 41(1) of the Bihar Prohibition and Excise Act after 6,709.248 litres of foreign liquor were seized from a truck. The prosecution alleged the liquor was illegal, but the petitioners contended they were neither the owners nor the drivers of the vehicle and that no incriminating material was found in their possession. They also highlighted their clean antecedent. The State, supported by the informant, opposed the bail application. The Court examined whether the petitioners were likely to be involved in the offence and considered the provisions of Section 438(2) of the Code of Criminal Procedure. Finding insufficient link between the petitioners and the seized liquor, the Court granted pre‑arrest bail subject to a bond of Rs.10,000 each with two sureties and the conditions of Section 438(2).
Issues considered
- Whether pre‑arrest bail should be granted to the petitioners under Section 438(2) CrPC
- Whether the petitioners can be deemed to have a sufficient connection to the offence under the Bihar Prohibition and Excise Act
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- pre‑arrest bail
- bail under Section 438 CrPC
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- ownership and possession
- Muzaffarpur
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75618 of 2025
Arising Out of PS. Case No.-331 Year-2020 Thana- KUDHNI District- Muzaffarpur
======================================================
1 . Chandan Kumar S/o- Baleshwar Paswan Village- Susta Madhopur PS- Sadar
District- Muzaffarpur
2. Rakesh Kumar @ Rakesh Kumar Paswan @ Rakesh S/o- Baleshwar Paswan
Village- Susta Madhopur PS- Sadar District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Section 30a/41(1) of the Bihar
Prohibition and Excise Act.
3. Prosecution case is that 6709.248 liters foreign
liquor was recovered from a truck.
4. Learned counsel appearing for the petitioners
submits that petitioners are neither owner nor driver of the
seized vehicle . No incriminating material has been recovered
from the conscious possession of these petitioners and they have
falsely been implicated in this case on suspicion. Petitioners
Patna High Court CR. MISC. No.75618 of 2025(2) dt.05-02-2026
2/2
claim clean antecedent.
5. Learned counsel for the State as well as the
informant oppose the prayer for bail.
6. Considering the facts of the case, this pre-arrest
bail petition is allowed. In the event of arrest/surrender within
eight weeks from today, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of the Exclusive Special Judge, Excise Court No.II,
Muzaffarpur in Kudhani (Turki OP) Police Station Case No.
331/2020, subject to the conditions laid down under section
438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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