Patna High Court

Chandan KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner under the stipulated conditions.

Summary

The petitioner, Chandan Kumar, a driver, was arrested in connection with the seizure of 77.220 litres of liquor from a vehicle and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that no liquor was found in his personal possession and that he had no knowledge of the goods loaded in the vehicle. The petitioner had no prior criminal record and argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the lack of incriminating material against the petitioner, his clean record, and the period of custody already served, the Court inclined to grant bail subject to monetary and conduct conditions. The order released the petitioner on bail of Rs. 15,000 with two sureties and imposed conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

Whether the petitioner is entitled to bail despite being charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver
criminal procedure
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7681 of 2026
                  Arising Out of PS. Case No.-259 Year-2025 Thana- EXCISE KATORIYA District- Banka
                 ======================================================
                 Chandan Kumar S/O Mohanlal Poddar @ Mohan Poddar Resident of Village-
                 Bishunpur Chandani Chowk, P.S.- Begusarai, District- Begusarai
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dipak Kumar, Advocate
                 For the Opposite Party/s :      Mr.Nityanand, A.P.P.
                 ======================================================
                 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 connection with Katoria

                   Excise P.S. Case No. 259 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 77.220

                   liters liquor was recovered from car.

                                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. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and
Patna High Court CR. MISC. No.7681 of 2026(2) dt.10-02-2026
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          he has no knowledge and concern regarding the goods loaded in

          the vehicle. The petitioner is in custody since 10.12.2025 and

          has 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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Katoria Excise P.S.

          Case No. 259 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.
           Patna High Court CR. MISC. No.7681 of 2026(2) dt.10-02-2026
                                                       3/3




                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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