Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31169 of 2026 Arising Out of PS. Case No.-104 Year-2026 Thana- AMAS District- Gaya ====================================================== Chandan Kumar Son of Jugdev Sao @ Jagdev Saw Resident of Village - Gulni, P.S.- Gurua, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-06-2026 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Amas P.S. Case No. 104 of 2026 registered for the offences punishable under Section 30(a) of Excise Act, 2022.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 50 litres of IMFL/country made liquor

4. It is submitted by learned counsel appearing on behalf of the petitioner that recovery of alleged illicit liquor was made from motorcycle bearing registration no. BR02BM 6274, of which petitioner was the registered owner and for said reason only he was implicated with the present case. It is submitted that the aforesaid motorcycle was given to his friend namely, Bipin Kumar, who misused it. It is further

Patna High Court CR. MISC. No.31169 of 2026(3) dt.08-06-2026 2/2 submitted that recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. While concluding arguments, it is submitted that petitioner found involved in one more criminal case where he is on bail. 5 Learned APP, opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as recovery of alleged illicit liquor not appears to be made from the conscious physical possession of the petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Excise court no. 5, Gaya /concerned Court, where the case is pending in connection with Amas P.S. Case No. 104 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T