Patna High Court
Lalli Choudhary @ Lali ChoudharyversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Lalli Choudhary applied for anticipatory bail in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly selling 26 litres of wine. The prosecution claimed that secret information linked the petitioner to the sale, while the petitioner contended he was falsely implicated, had no possession of the wine, and possessed no prior criminal record. The State opposed the bail. The High Court, exercising its inherent powers under Section 482 of the Code of Criminal Procedure, granted anticipatory bail subject to a cash bond of Rs.10,000 with two sureties and several conditions, including personal attendance before the trial court and verification of criminal antecedents. The order clarified that any observations made would not affect the trial. The bail is to be surrendered if conditions are breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the High Court can impose conditions under its inherent powers under Section 482 of the Code of Criminal Procedure.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 482
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Criminal Procedure
- High Court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11052 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Lalli Choudhary @ Lali Choudhary S/O Bindu Choudhary R/O Village
-Mirjapur, P.s.- Awatar Nagar, Dist.- Saran.
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Awtar Nagar P.S. Case No. 277 of 2025
instituted for the offences punishable under Sections 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, allegation against the
petitioner is that the police on secret information came to know
that the named three accused persons including the petitioner
were selling 26 liters of wine near the poultry farm.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated. He was not apprehended
at the place of occurrence. It has been submitted that no
recovery has been made from the conscious possession of the
petitioner and admittedly the recovery has been made from a
Patna High Court CR. MISC. No.11052 of 2026(2) dt.17-02-2026
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bush which does not belong to the petitioner. The petitioner has
no criminal antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his/her/their furnishing bail bonds in the sum of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount each
to the satisfaction of the learned Special Judge Excise 1, Saran
at Chapra in connection with Awtar Nagar P.S. Case No. 277 of
2025, subject to the conditions as laid down under Section 482
of the BNSS and subject to 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, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
Patna High Court CR. MISC. No.11052 of 2026(2) dt.17-02-2026
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(iv) 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 bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
(v) the Court below shall verify the criminal
antecedent of the petitioner registered for the offence under
Section 30A of the Bihar Prohibition and Excise Act and, in case
at any stage it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bonds of the petitioners. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for the purpose of the same or in the name
of verification.
7.It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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