Patna High Court

Chandakant Kumar @ Chandr Kant KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, finding the seizure non‑compliant with Section 105 and noting the petitioner’s clean record.

Summary

The petitioner, Chandakant Kumar, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 55 litres of illicit liquor were allegedly recovered from an open area behind his house. The petitioner contended that the liquor was not in his conscious possession and that the seizure did not comply with mandatory provisions of Section 105, also highlighting his clean record and custody since December 2025. The State opposed the bail, relying on the police seizure report. The High Court observed that the trial court had not properly exercised judicial discretion, especially given the open‑space nature of the alleged seizure. Considering these factors, the Court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the seizure of liquor from an open place behind the petitioner’s house complies with Section 105 of the Act.
Whether the petitioner’s lack of prior criminal record and circumstances of custody warrant bail.

Subjects

bail
prohibition
excise
seizure
open space
Section 105
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9140 of 2026
                       Arising Out of PS. Case No.-797 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Chandakant Kumar @ Chandr Kant Kumar S/O Late Raghunath Nat R/O
                 Village- Jat Dumri, P.S- Punpun, Distt.- Patna. Current Address- Sevrinagar,
                 P.S- Rupaspur, Distt.- Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Rai, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   25-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30 (a) of

                   the Bihar Prohibition and Excise Act.

                                3. he case of the prosecution, in brief, is that 55 litres

                   of country-made liquor was allegedly recovered from behind the

                   house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from the conscious possession of

                   the petitioner. The alleged recovery was made from an open
Patna High Court CR. MISC. No.9140 of 2026(3) dt.25-02-2026
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          place behind the house of the petitioner. It is further submitted

          that the witnesses to the seizure list are police personnel and that

          the mandatory provisions of Section 105 have not been

          complied with. The petitioner has no criminal antecedent and is

          in custody since 13.12.2025.

                       5. Before parting with the record, this Court observes

          that it is indeed disheartening to note that in cases where the

          alleged seizure is made from an open place, the learned Trial

          Court has failed to properly apply its judicial mind and has

          merely relied upon the statement of the police as recorded in the

          F.I.R. From the seizure list itself, it transpires that the recovery

          was effected from behind the house of the petitioner, which is an

          open space. The learned Trial Court is expected to exercise its

          judicial discretion in accordance with law.

                       6.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       7. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Rupaspur P.S. Case No. 797 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned
            Patna High Court CR. MISC. No.9140 of 2026(3) dt.25-02-2026
                                                        3/3




                      Special Excise Judge, Danapur, Patna.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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