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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioners, ordering a bond of Rs 15,000 each with two sureties.

Summary

The petitioners – three residents of Lilari village – applied for bail in an excise case (No. 1632 of 2025) arising from the recovery of 65 litres of country‑made liquor near a river, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was recovered from a public place, but the petitioners claimed they had no possession or involvement and that no incriminating material linked them to the seizure. They also contended that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The petitioners had been in custody since 9 November 2025; one had a prior criminal record while the others did not. The State opposed bail. Considering the lack of material evidence, the open nature of the recovery site, the period of custody already served, and the statutory provisions, the Court granted bail, directing each petitioner to furnish a bail bond of Rs 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case and the period of custody.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • Section 30(a)
  • custody
  • surety
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90481 of 2025
                       Arising Out of PS. Case No.-475 Year-2025 Thana- Excise P.S. District- Rohtas
                 ======================================================
           1.     Chandan Kumar son of Ramji Paswan Resident Of Village - Lilari, Ps-
                  Baghaila, Dist- Rohtas
           2.    Chandeshwar Paswan @ Chandeshwar Kumar son of Jagdish Paswan
                 Resident Of Village - Lilari, Ps- Baghaila, Dist- Rohtas
           3.    Akhilesh Kumar son of Bhuwar Ram Resident Of Village - Lilari, Ps-
                 Baghaila, Dist- Rohtas

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Dhaneshwar Prasad Gupta, Advocate
                 For the Opposite Party/s :         Mr.Md. Anzarul Haque Sahara, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with Excise

                   Case No. 1632 of 2025, arising out of Sasaram Excise P.S. Case

                   No. 475 of 2025, instituted for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 65 liters

                   of country made liquor was recovered near river.

                                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
           Patna High Court CR. MISC. No.90481 of 2025(2) dt.12-01-2026
                                                       2/2




                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. Learned

                     counsel for the petitioner further submitted that the recovery has

                     been made from open place, which is accessible to public at

                     large. The petitioners are in custody since 09.11.2025. The

                     petitioner No.1 has one criminal antecedent, whereas petitioner

                     Nos.2 and 3 has 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 the petitioners 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 Case No.

                     1632 of 2025, arising out of Sasaram Excise P.S. Case No. 475

                     of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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