Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Chandan Kumar was arrested in a Bidupur police case for alleged possession of 2,181.57 liters of liquor, charged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the recovery site did not belong to him, also noting a lack of compliance with Section 103 of the B.N.S.S. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. The court examined the facts, the period of custody since 11 January 2026, and the absence of direct evidence against the petitioner. It concluded that bail was appropriate and ordered release on a bond of Rs.15,000 with two sureties. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior antecedent.
- Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023 in the bail application.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- bail
- liquor possession
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103 compliance
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7656 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Chandan Kumar S/O Rameshwar Rai @ Rameshar Ray Resident of village-
Litiyahi, P.S.- Rustampur, (Raghopur) Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, 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 Bidupur P.S. case No.
19 of 2026 instituted for the offences under Sections 274, 275 of
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 2181.57 liters
liquor was recovered from hut and the petitioner was arrested
on spot.
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
Patna High Court CR. MISC. No.7656 of 2026(2) dt.10-02-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that place from where recovery is made does
not belong to the petitioner. The petitioner has been falsely
implicated by the police with ulterior motive. The petitioner is
in custody since 11.01.2026 and has got one criminal
antecedent. 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 Bidupur P.S. case
No. 19 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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