Patna High Court
Amod ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
Amod Chaudhary was arrested on 13 September 2025 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of two litres of illicit liquor seized from his house. The petitioner contended that the liquor was not in his conscious possession and that he was falsely implicated, citing lack of compliance with Sections 100 and 103 of the Criminal Procedure Code during the seizure. The prosecution opposed bail, highlighting three prior criminal antecedents, though the petitioner was already on bail for those matters. The court examined the facts, noted the absence of conscious possession and the procedural lapses, and ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite alleged non‑compliance with Sections 100 and 103 of the CrPC during seizure.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 100, 103, 437
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 100
- Section 103
- criminal antecedent
- search and seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83236 of 2025
Arising Out of PS. Case No.-212 Year-2025 Thana- JANTA BAZAR District- Saran
======================================================
Amod Chaudhary S/O Late Nandlal Chaudhary R/O Village- Saran, P.S- Janta
Bazar, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 17-01-2026 Heard Mr. Krishna Kumar Yadav, learned counsel
for the petitioner as well as Mr. Suresh Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.09.2025 in connection with Janta Bazar P.S. Case No. 212 of
2025, F.I.R. dated 12.09.2025 for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of two liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner and the police has
implicated the petitioner merely on the basis of his previous
Patna High Court CR. MISC. No.83236 of 2025(4) dt.17-01-2026
2/3
criminal antecedent of similar nature and although the recovery
has been made from the house of the petitioner and there is non-
compliance of Section 100 of Cr.P.C/103 of BNSS. He further
submits that the police after investigation submitted the charge
sheet. The petitioner is in custody since 13.09.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries three criminal antecedent
other than the present one of similar nature but fairly submits on
the basis of paragraph-3 of the bail application that the
petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
and the fact that nothing has been recovered from the conscious
possession of the petitioner, 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 the learned Exclusive Special Excise Court No-3,
Saran at Chapra in connection with Janta Bazar P.S. Case No.
212 of 2025, subject to 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
Patna High Court CR. MISC. No.83236 of 2025(4) dt.17-01-2026
3/3
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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)
Suruchi/-
U T
Checking your session…