Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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