Chandan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26898 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- BARGAINIA District- Sitamarhi ====================================================== Chandan Kumar Jha Son of Krishankant Jha @ Krishnkant Jha @ Kisan Jha Resident of Village-Bengahi, P.S. Bairgania, District Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bairgania P.S. Case No. 57 of 2026 registered on 24.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 48 liters illicit Nepali Liquor, loaded on motorcycle, is the subject matter of the present case.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious physical possession of the petitioner, the name of petitioner has come in the present case only on the basis of confessional

Patna High Court CR. MISC. No.26898 of 2026(2) dt.22-04-2026 2/2 statement of co-accused. The petitioner has a clean criminal antecedent. Moreover, the petitioner is not the owner of the alleged motorcycle from which the recovery was made.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-I, Sitamarhi, in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.. (Dr. Anshuman, J) Ashwini/- U T