Patna High Court
Chotu Kumar @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
Chotu Kumar, a driver, was arrested after police seized 87.75 litres of foreign liquor from his vehicle and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, was merely a driver, and had a clean antecedent, seeking bail. The State opposed the bail. The court considered the facts, the petitioner’s willingness to deposit a bail amount and provide sureties, and the conditions imposed for bail. It ordered his release on bail of Rs.10,000 with two sureties, subject to conditions such as presence in court, verification of antecedents, and possible cancellation for future offences. The order emphasized that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner is likely to flee, tamper with evidence, or re‑offend
- Whether the petitioner’s claim of innocence and lack of knowledge of the contraband warrants bail
Subjects
- bail
- excise offence
- Section 30(a)
- foreign liquor
- driver
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89869 of 2025
Arising Out of PS. Case No.-358 Year-2025 Thana- Excise P.S. District- Bhagalpur
======================================================
Chotu Kumar @ Chhotu Kumar S/o Umesh Mandal Resident of Village - Jay
Mangal Tola, Police Station - Ismailpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Excise (Sadar) P.S. Case No. 358 of 2025
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the informant,
along with the police force while on a patrolling duty
intercepted a car and on search a total of 87.750 litres of
foreign liquor was recovered. The driver of the said car was
apprehended on the spot and disclosed his name as Chotu
Kumar (the petitioner).
4. The learned counsel for the petitioner submits
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that the petitioner is innocent and has been falsely
implicated in the present case, having no concern
whatsoever with the alleged recovery of liquor. It has
further been submitted that the petitioner was merely the
driver of the car and had no knowledge of the consignment
kept therein. The learned counsel lastly submits that the
petitioner has clean antecedent and he is in custody since
25.09.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 2,500/- in the account of Lawyers’
Association Welfare Benevolent Fund, bearing Account No.
7801893276, IFSC Code: IDIB000L501, Indian Bank,
LNMI Branch, Bailey Road, Patna.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case, let the petitioner, above named, 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 court below where the case is
pending/successor court in connection Excise (Sadar) P.S.
Patna High Court CR. MISC. No.89869 of 2025(2) dt.08-01-2026
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Case No. 358 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
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aforesaid amount with the Lawyers’ Association Welfare
Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
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