Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32507 of 2026 Arising Out of PS. Case No.-291 Year-2026 Thana- BHAGWAN BAZAR District- Saran ====================================================== Chandan Kumar S/o Budhram Rai R/o Vill. - Brahampur Nai Basti, P.S. - Bhagwan Bazar, Dist. - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2026 Heard the learned counsel for the petitioner and learned APP for the State through Video Conferencing.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of Bihar Excise and Prohibition Act.

3. The case of the prosecution in brief is that, from a vehicle altogether 143.640 liters of cane beer was recovered.

4. Learned counsel for the petitioner submits that petitioner is neither the owner, nor the driver of the vehicle. Nothing has been recovered from possession of the petitioner. It is also submitted that all the witnesses to the seizure list are police personnel, and the police have not complied the mandatory provisions of Section 105 of the B.N.S.S. It has further been submitted that petitioner is having no criminal

Patna High Court CR. MISC. No.32507 of 2026(2) dt.20-05-2026 2/2 antecedent. He is in custody since 02.04.2026.

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

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 Bhagwan Bazar P.S. Case No. 291 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 1st, Exclusive Special Excise Court, Saran at Chapra. (Ashok Kumar Pandey, J) khushbu/- U T