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Patna High Court

Chhotu Kumar @ Prabhat Kumar MauryaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to both petitioners subject to specified conditions.

Summary

The petitioners, Chhotu Kumar and Ajit Kumar, were arrested on 30‑12‑2025 after 209.160 litres of liquor was recovered from a Scorpio car, leading to charges under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. They contended that they were merely the driver and a friend, had no ownership or knowledge of the contraband, and that no incriminating material was found in their personal possession. The petitioners also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed out that one had a prior acquitted case while the other had no criminal record. The State opposed bail, but the Court, considering the circumstances and the period of custody, decided to grant bail to both petitioners. Bail was ordered on the condition of a Rs.15,000 bond per petitioner, two sureties, a family member as a bailor, and mandatory appearance at every trial date, with cancellation possible upon two consecutive defaults.

Issues considered

  • Whether bail should be granted to the accused under the provisions of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
  • Whether the petitioners' alleged lack of knowledge and ownership of the seized liquor warrants bail.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8182 of 2026
                  Arising Out of PS. Case No.-778 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
           1.     Chhotu Kumar @ Prabhat Kumar Maurya S/o Surendra Singh R/o Village-
                  Amaon, PS- Karamachat (sabar), District- Kaimur at Bhabua
           2.     Ajit Kumar S/o Shivperson Singh R/o vill - Ameth, ward no. 3, P.S.-
                  Mohania, Distt.- Kaimur at Bhabua
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Parwej Khan, Advocate
                 For the Opposite Party/s :         Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                            Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in connection with Excise

                   (Bhabua) P.S. Case No. 778 of 2025, instituted for the offences

                   punishable under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 209.160 liters

                   liquor was recovered from Scorpio car and both the petitioners

                   were apprehended on spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.8182 of 2026(2) dt.10-02-2026
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          got no concern with the alleged recovery of liquor. Learned

          counsel for the petitioners also submitted that the petitioners are

          not the owner of the car in question rather petitioner no. 1 is

          driver of that car and petitioner no. 2 is friend of petitioner no. 1

          and both of them have got no knowledge with regard to the

          nature of goods loaded in the vehicle. The petitioners are in

          custody since 30.12.2025. Petitioner no. 1 has got one criminal

          antecedent in which he has been acquitted and petitioner no. 2

          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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let petitioner no. 1 be released on bail after

          framing of charge, if not already framed, and petitioner no. 2

          be released on 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 Excise (Bhabua) P.S. Case No. 778 of 2025,

          subject to the following conditions:
             Patna High Court CR. MISC. No.8182 of 2026(2) dt.10-02-2026
                                                         3/3




                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioners.

                                    (II) The petitioners shall appear on each and every

                       date fixed at the trial. In case of default in such appearance on

                       two consecutive dates, the Trial Court will have liberty to cancel

                       the bail bonds of the petitioners.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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