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Patna High Court

Chandan RajkumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Chandan Rajkumar, feared arrest in a case (Lak​ho P.S. Case No. 218 of 2024) involving alleged contravention of Sections 30(a), 32(3) and 41(1) of the Bihar Prohibition and Excise Act, 2022, where 1,458 litres of illicit liquor were recovered. He asserted his innocence and offered to donate Rs.30,000 to a charitable institution without admitting guilt. The court, after hearing counsel, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit the charitable amount, and attend the police station on the first and third Sundays of each month. The bail was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. Failure to appear as directed would result in cancellation of the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 30(a), 32(3) and 41(1) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the conditions imposed (charitable donation, bail bond, police attendance) are permissible under Section 438(2) CrPC and Section 482 BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • Section 482 BNSS
  • bail conditions
  • charitable donation
  • police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86693 of 2025
                        Arising Out of PS. Case No.-218 Year-2024 Thana- Lakho District- Begusarai
                 ======================================================
                 Chandan Rajkumar S/o- Late Mahendra Sah @ Mahendra Sah Village-
                 Lohiya Nagar Panhans Ward No 28 PS-Lohiya Nagar District- Begusarai
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sandip Kumar Gautam
                 For the Opposite Party/s :        Mr. Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Lakho P.S. Case No. 218 of 2024 registered for

                   the offence under Sections 30(a), 32(3), 41(1) of the Bihar

                   Prohibition and Excise Act, 2022.

                                   3. As per the prosecution case, the recovery is of

                   1458 liters of illicit liquor.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case.

                                     5. Learned counsel for the petitioner submits that

                   the petitioner is ready to donate Rs. 30,000/- in some charitable

                   organization without accepting his guilt.

                                   6. Considering the aforesaid facts, this application

                   is allowed.

                                   7. Let the petitioner, above named, in the event of
          Patna High Court CR. MISC. No.86693 of 2025(3) dt.09-01-2026
                                                      2/2




                    his arrest or surrender before the concerned Court below within

                    four weeks from today, 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 Excise Judge-I, Begusarai/concerned Court below in

                    connection with Lakho P.S. Case No. 218 of 2024, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.

                                  8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 30,000/- in

                    Ramakrishna Mission Ashram, Nala Road, Patna and produce

                    the receipt of the same before the Court below. The bail bonds

                    of the petitioner shall be accepted after verifying the

                    genuineness of the receipt produced by the petitioner.

                                    9. As a condition of this order, the petitioner, after

                    being released on anticipatory bail, is directed to mark his

                    attendance at Lohiya Nagar Police Station on first and third

                    Sunday of each month. Any default in appearance at the police

                    station will result in cancellation of bail bonds of the petitioner.


                                                            (Sandeep Kumar, J)
Vikas/-
U


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