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2026 DAILYLAW 548 (PAT)

Chandan Kumar v. The State of Bihar

CR. MISC./17951/2026 · 2026-04-03

Smt Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17951 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- DORIGANJ District- Saran ====================================================== Chandan Kumar S/O Ramdev Bhagat Resident of village- Bhairopur Nizamat, P.S.- Doriganj, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Koshalendra Rai For the Opposite Party/s : Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 03-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Perusal of the first information report and the seizure list, would go to show that 25.905 liters of foreign liquor is said to have been recovered from the place adjacent to the bathan of the petitioner. 4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. It is submitted that the place of recovery is an open place and easily accessible to anyone. As a matter of fact, the name of the petitioner has been disclosed by the co-accused. It is further submitted that the Patna High Court CR. MISC. No.17951 of 2026(2) dt.03-04-2026 2/2 mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. Further, the petitioner has no criminal antecedent. 5. Learned APP for the State opposes the prayer for bail. 6. Taking into consideration the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Doriganj P.S. Case No. 16 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. devendra/- (Soni Shrivastava, J) U T