Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail fearing arrest in a case where 388.5 litres of illicit liquor were seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The prosecution alleged his involvement, but the petitioner contended he had no possession and was falsely implicated. The High Court considered the application under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. Finding no material to justify denial of bail, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties who must be close blood relatives, and a condition to appear at the police station every Sunday. Non‑compliance would lead to cancellation of the bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in the context of alleged involvement in illicit liquor possession.
- Whether the conditions imposed by the court are appropriate and lawful.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30
- Section 438
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88640 of 2025
Arising Out of PS. Case No.-756 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Chandan Kumar Son of Arun Kumar @ Loli Resident of Jay Prakash Nagar,
Matti Par, P.S.- Jakkanpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha
For the Opposite Party/s : Mr.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 07-01- Heard learned counsel for the petitioner and learned
2026
APP for the State.
2. The petitioner apprehends his arrest in connection
with Jakkanpur P.S. Case No. 756 of 2025 for an offence
registered under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. As per the prosecution case, 388.5 liters of illicit
liquor was recovered.
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. Nothing has been recovered from the
conscious possession of the petitioner.
5. Considering the aforesaid facts, this application is
allowed.
Patna High Court CR. MISC. No.88640 of 2025(4) dt.07-01-2026
2/2
6. Let the petitioner, above named, in the event of 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
Judge, Excise-2nd, Patna/concerned court below in connection
with Jakkanpur P.S. Case No. 756 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS, and also to the
condition that both the bailors should be the close blood relative
of the petitioner.
7. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Jakkanpur Police Station on every 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)
niku/-
U T
Checking your session…