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Patna High Court

Chandan Kumar @ Chandan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioners, Chandan Kumar and Amardeo Yadav, sought anticipatory bail fearing arrest in a case (Bhopatpur P.S. Case No. 61 of 2025) registered under Sections 30(a), 33 and 41(1) of the Bihar Prohibition and Excise Act after 1005 litres of spirit were recovered from a bush. They contended that the seizure was from an open public place, they had no involvement, and their names were mentioned only on suspicion, with no prior criminal record. The petitioners also highlighted that a co‑accused had been granted anticipatory bail in a related matter and argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail to the petitioners, imposing a bond of Rs 15,000 each with two sureties and subjecting them to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the circumstances of the case.
  • Whether the prosecution has established a prima facie case under the Bihar Prohibition and Excise Act.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes arrest.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • spirit seizure
  • Section 103
  • Section 482(2)
  • criminal procedure
  • suspicion
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7990 of 2026
                    Arising Out of PS. Case No.-61 Year-2025 Thana- Bhopatpur District- East Champaran
                 ======================================================
           1.     Chandan Kumar @ Chandan Yadav S/O Bacha Yadav @ Bachan Yadav R/O
                  Village- Nayka Tola Bhopatpur, P.S -Bhopatpur, Dist.- East Champaran.
           2.    Amardeo Yadav @ Amardeo Rai S/O Raghu Rai @ Raghu Yadav R/O
                 Village- Nayka Tola Bhopatpur, P.S -Bhopatpur, Dist.- East Champaran.

                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar R/O Village- Nayka Tola Bhopatpur, P.S -Bhopatpur, Dist.-
                 East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                                                   Mrs. Harsha Shashwat, Advocate
                 For the Opposite Party/s :        Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                           Heard learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners apprehend arrest in connection with

                   Bhopatpur P.S. Case No. 61 of 2025, registered under Sections

                   30(a), 33 and 41(1) of the Bihar Prohibition and Excise Act.

                                 3. The prosecution case, in short, is that 1005 liters

                   spirit was recovered from bush.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. The petitioners have got no concern with the

                   alleged recovery of spirit. Learned counsel for the petitioners
Patna High Court CR. MISC. No.7990 of 2026(2) dt.04-02-2026
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          also submitted that the alleged recovery has been made from an

          open place and the same is easily accessible to the public at

          large. It is next submitted that name of the petitioner has

          transpired in this case only on the basis of suspicion. Learned

          counsel for the petitioners, therefore, contends that prima-facie,

          no case is made out against the petitioner. The petitioners have

          got no criminal antecedent. Learned counsel for the petitioners

          further submits that other co-accused has been granted

          anticipatory bail by a co-ordinate Bench of this Court vide order

          dated 01.11.2025 passed in Cr. Misc. No. 73312 of 2025. 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 petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named in the event of arrest/surrender

          before the learned Court below within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Bhopatpur P.S. Case

          No. 61 of 2025, subject to the conditions as laid down under
             Patna High Court CR. MISC. No.7990 of 2026(2) dt.04-02-2026
                                                         3/3




                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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