Patna High CourtCR. MISC./16954/2026allowed

Chhote Lal @ Chhotelal Rai v. The State Of Bihar

2026-03-16Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16954 of 2026 Arising Out of PS. Case No.-29 Year-2026 Thana- BYPASS District- Patna ====================================================== Chhote Lal @ Chhotelal Rai Son of Jagdip Rai R/o Village - Vidupur Dih, P.S. - Vidupur, Dist. - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anu Priyadarshni For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-03-2026 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from the pick-up van, altogether 756 liters of spirit was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner. He has been falsely implicated in this case. He has no concern with the alleged recovery. The witness of the seizure list is police personnel and police has not followed Section 105 of BNSS

Patna High Court CR. MISC. No.16954 of 2026(2) dt.16-03-2026 2/2 while preparing seizure. He is neither the owner nor the driver of the said pick-up van rather he is a co-passenger. Moreover, he is languishing in judicial custody since 25.01.2026 having no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the 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 Bypass P.S. Case No. 29 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City/ court concerned.

(Ashok Kumar Pandey, J) shubham/- U T