Patna High Court

Chandradip KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner, subject to bond and conditions.

Summary

Chandradip Kumar, a driver, was arrested after 187.920 liters of liquor were recovered from a Scorpio car in Bangra, Samastipur, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner, had no knowledge of the contraband, and no incriminating material was found in his possession. The petitioner had been in custody since 30 November 2025 and had three prior criminal antecedents for which he was out on bail. The State opposed bail, while the petitioner argued lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the facts, the period of custody, and the absence of direct evidence against him. It decided to grant bail, subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and attendance at all trial dates. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and his prior antecedents.
Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
driver
possession
Section 30(a)
Section 103
procedural compliance
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91721 of 2025
                     Arising Out of PS. Case No.-136 Year-2025 Thana- BANGARA District- Samastipur
                 ======================================================
                 Chandradip Kumar S/o- Ramswarth Sah Resident of Village- Yogimath PS-
                 Karpurigram Dist-Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, 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 N.H.

                   Bangra P.S. Case No. 136 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 187.920 liters

                   liquor was recovered from Scorpio car and the petitioner was

                   arrested on spot.

                                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
Patna High Court CR. MISC. No.91721 of 2025(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is not the

          owner of the vehicle in question rather he is driver of that

          vehicle and has got no knowledge with regard to the nature of

          goods loaded in the vehicle. The petitioner is in custody since

          30.11.2025 and has got three criminal antecedents in which he is

          on bail. 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 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 after framing

          of charge, if not already framed, 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 N.H. Bangra P.S. Case No. 136 of

          2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
             Patna High Court CR. MISC. No.91721 of 2025(2) dt.19-01-2026
                                                         3/3




                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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