Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no sufficient grounds to deny it.
Summary
The petitioner, Chandan Kumar, was arrested in connection with an excise case where 246 litres of liquor were recovered from a vehicle. He alleged that he was neither the driver nor the owner and that his name was mentioned only by a co-accused. The petitioner had been in custody since 21‑11‑2025 and had one prior criminal antecedent, with no material recovered from his possession and no compliance with Section 103 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, but the court noted the lack of incriminating evidence against the petitioner and the fact that a co‑accused had already been granted bail. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the BNSS, 2023, bars bail.
- Whether the petitioner’s prior criminal antecedent precludes bail.
Subjects
- bail
- excise
- liquor seizure
- criminal antecedent
- Section 103 BNSS
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90617 of 2025
Arising Out of PS. Case No.-966 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Chandan Kumar S/O Ramkrit Singh R/O Village - Karmauni, P.S- Dobhi,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
PS Sadar Case No. 966 of 2025 instituted for the offences under
Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 246 liters
liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.90617 of 2025(2) dt.19-01-2026
2/2
that petitioner is neither the driver nor the owner of the vehicle
in question and his name has surfaced in this case on the
disclosure made by apprehended co-accused person. The
petitioner is in custody since 21.11.2025 and has got one
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023. Other co-accused has been granted bail by this
Court vide order dated 10-11-2025, passed in Cr. Misc. No.
76274 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise PS Sadar
Case No. 966 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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