Patna High Court
Bablu Chaudhary @ Dharmendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Bablu Chaudhary, was arrested in connection with a case alleging possession of 10 litres of country-made liquor recovered from his motorcycle, under Sections 30(a) and 41 of the Bihar Prohibition & Excise Act. He claimed innocence, stating that nothing incriminating was found on his person and that he was detained merely on suspicion and ill will. The State opposed bail, but the court considered the nature of the recovery, the short period of custody, and the petitioner’s existing bail status in four other cases. Weighing these factors, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required a close relative as one bailor, mandatory court appearances, and cancellation of bail upon three consecutive absences or violation of terms.
Issues considered
- Whether the petitioner is entitled to bail in a case under the Bihar Prohibition & Excise Act for alleged possession of illicit liquor
- Whether the circumstances of the arrest and the nature of the seizure justify granting bail
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 41
- BNSS — s. 480(3)
Subjects
- bail
- Bihar Prohibition & Excise Act
- illegal liquor
- criminal procedure
- Section 480(3) BNSS
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10630 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- SIRDALA District- Nawada
======================================================
Bablu Chaudhary @ Dharmendra Chaudhary, S/o Karu Chaudhary, R/o
Village- Chapari, P.S.- Sirdalla, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sirdalla P.S. Case No. 22 of 2026 registered for
the alleged offence under Sections 30(a)/41 of the Bihar
Prohibition & Excise Act.
3. As per prosecution case, recovery of 10 liters of
country made liquor was made from the motorcycle being
driven by the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The petitioner is the owner
of the seized motorcycle and has been apprehended by the
Patna High Court CR. MISC. No.10630 of 2026(2) dt.17-02-2026
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police merely on suspicion and due to ill will. The petitioner is
in custody since 25.01.2026 and is having antecedent of four
cases and he is on bail in all such cases.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No.1, Nawada/court concerned
in connection with Sirdalla P.S. Case No. 22 of 2026, subject to
the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
Patna High Court CR. MISC. No.10630 of 2026(2) dt.17-02-2026
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cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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