Patna High Court
Chhotu Kumar @ Prabhat Kumar MauryaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
2/3
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
Checking your session…