Patna High CourtCR. MISC./29680/2026bail granted

Chandan Kumar v. The State Of Bihar

2026-05-04Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29680 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Chandan kumar S/o Upendra Prasad Resident of Village - (Mauna) Jatahi Pokhra Ward no. 34 Police Station - Nagar, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mili Kumari, Advocate For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard Ms.Mili Kumari, learned counsel for the petitioner and Ms.Dr. Indiwar Kumari, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 26.03.2026 in connection with Chapra Rail Kacheri P.S. Case No. 06 of 2026, F.I.R. dated 25.03.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act (Amended-2022).

3. Recovery is of 15 liters of illicit country made liquor.

4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from Chapra

Patna High Court CR. MISC. No.29680 of 2026(2) dt.04-05-2026 2/3 Railway Station Platform and it appears from the FIR as well as seizure list that the seizure list witnesses are police personnel so there is non-compliance of Sections 103 and 105 of B.N.S.S., 2023 and altogether 15 litre of country made liquor has been recovered and the petitioner is in custody since 26.03.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one of similar nature but he fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Chapra Rail Kacheri P.S. Case No. 06 of 2026,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.29680 of 2026(2) dt.04-05-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T