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Patna High Court

Bablu Chaudhary @ Dharmendra ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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