Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7656 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- BIDUPUR District- Vaishali ====================================================== Chandan Kumar S/O Rameshwar Rai @ Rameshar Ray Resident of villageLitiyahi, P.S.- Rustampur, (Raghopur) Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Bidupur P.S. case No. 19 of 2026 instituted for the offences under Sections 274, 275 of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 2181.57 liters liquor was recovered from hut 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
Patna High Court CR. MISC. No.7656 of 2026(2) dt.10-02-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that place from where recovery is made does not belong to the petitioner. The petitioner has been falsely implicated by the police with ulterior motive. The petitioner is in custody since 11.01.2026 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
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 Bidupur P.S. case No. 19 of 2026.
(Rudra Prakash Mishra, J) Pankaj/- U T