Patna High Court
Chandan Kumar @ Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
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
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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