Patna High Court
Chhotu Kumar @ Chote MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner subject to a bond and sureties, as there is insufficient material directly linking him to the seized liquor.
Summary
The petitioner, Chhotu Kumar, filed a bail petition fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act and Section 414 of the IPC for alleged possession of 50.400 liters of illicit Nepali wine seized from a motorcycle. The petitioner contended that he was neither the owner nor the driver of the vehicle and that no incriminating material was found on his person, asserting his innocence. The State opposed the bail, relying on the seriousness of the alleged offence involving large quantities of illicit liquor. The Court examined the facts, noting the lack of direct evidence linking the petitioner to the seized contraband and considered the provisions of Section 482(2) of the Bihar Narcotic and Excise (BNSS) Act 2023. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the conditions prescribed, provided he surrenders within eight weeks. The bail order was directed to be implemented by the Exclusive Special Judge of Sitamarhi District.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the BNSS 2023 in a case involving alleged possession of illicit liquor under the Bihar Prohibition and Excise Act and IPC 414.
Legislation cited
- Indian Penal Code — s. 414
Subjects
- bail
- prohibition act
- excise
- illicit liquor
- IPC 414
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76836 of 2025
Arising Out of PS. Case No.-149 Year-2021 Thana- SONBERSA District- Sitamarhi
======================================================
Chhotu Kumar @ Chote Mahto S/O Late Chandeshwar Mahto R/O Village-
Sonbarsa, P.S- Sonbarsa, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar , Advocate
For the Opposite Party/s : Mr. Arun Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 30 (a) of the Bihar
Prohibition and Excise Act and section 414 of the IPC .
3 . As per prosecution case, 50.400 liters illicit Nepali
wine was recovered from the seized motorcycle .
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case . Petitioner is neither
owner nor driver of the seized vehicle . No incriminating
material has been recovered from the conscious possession of
the petitioner and he is no way connected with the aforesaid
recovery.
5 . Learned counsel for the State opposes the bail
Patna High Court CR. MISC. No.76836 of 2025(2) dt.03-02-2026
2/2
petition .
6. Considering the facts of the case , in the event of
arrest/surrender within eight weeks from today, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Judge 1st Sitamarhi District- Sitamarhi in connection with
Sonbarsa Police Station Case No. 149 of 2021 , subject to the
conditions laid down under section 482 ( 2 ) of the BNSS
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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