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Patna High Court

Chhotu Kumar @ Chote MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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