Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17371 of 2026 Arising Out of PS. Case No.-101 Year-2026 Thana- Excise P.S. District- Lakhisarai ====================================================== Chandan Kumar Son of Late Darwari Singh Resident of 121 Singarpur, Lakhisarai, PS -surajgarha Dist -Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-03-2026 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 sections 30 (a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that altogether 2.75 liters country made liquor was allegedly recovered from a polythene bag.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner. It is also contended that all the witness to the seizure list are police personnel and no independent witness has been associated with the alleged recover. Moreover, the

Patna High Court CR. MISC. No.17371 of 2026(2) dt.23-03-2026 2/2 mandatory provision of Section 105 of the BNSS have not been complied at the time of alleged seizure. Moreover, the petitioner is languishing in judicial custody since 12.02.2026.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has three criminal antecedents.

6. 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 Excise P.S. Lakhisarai Case No. 101C2/2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge - VIIth cum Exclusive Special Excise Court - IInd, Lakhisarai, subject to the condition that the petitioner shall co-operate in the trial and remain present as and when required by the Court till the conclusion of the trial and shall not indulge in any offence of similar nature.

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