Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted because the petitioner was not found in possession of the liquor, had no criminal antecedent, and the statutory bail provisions were not satisfied by the prosecution.
Summary
The petitioner, Chandan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 396 litres of liquor recovered from an auto. He contended that he was falsely implicated, that no incriminating article was found in his conscious possession, and that he had no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence linking the petitioner to the vehicle or the liquor and observed that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. Considering these facts and the period of custody already endured, the court decided to grant bail. The petitioner was ordered 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 petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91321 of 2025
Arising Out of PS. Case No.-452 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Chandan Kumar S/O Chulahi Mahto Resident of Sitamarhi Janki Mandir,
P.S.- Sitamarhi, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Ms. Meena 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
Majorganj P.S. Case No. 452 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 396 litres
of liquor was recovered from auto.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.91321 of 2025(2) dt.19-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 01.12.2025 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Majorganj P.S. Case
No. 452 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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