Patna High Court
Arjun Chaudhary @ Arjun ChudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Arjun Chaudhary was arrested in connection with a case alleging possession of 12 litres of country‑made liquor recovered from a jute sack, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the liquor was recovered from an open public place, alleging police high‑handedness. He also highlighted that the police had not complied with Section 103 of the BNSS, 2023, and that he had been in custody since 8 December 2025 despite having only one prior criminal antecedent. The State opposed the bail application, arguing the seriousness of the offence. Considering the lack of direct evidence, the procedural lapse, and the period of custody already served, the Court inclined to grant bail. Accordingly, the petitioner was released on a bail bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- What is the appropriate bail consideration for an offence under Section 30(a) of the Bihar Prohibition and Excise Act when the accused claims lack of incriminating material and procedural lapses?
- Whether non‑compliance with Section 103 of the BNSS, 2023, warrants granting bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- police procedure
- Section 103
- BNSS
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1119 of 2026
Arising Out of PS. Case No.-394 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Arjun Chaudhary @ Arjun Chudhary S/o Late Yamraj Chaudhary R/o Vill-
Godna, P.S- Rivilganj, Dist- Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Revilganj
PS Case No. 394 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 12 liters of
country made liquor was recovered from the jute sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that the recovery has been made from
Patna High Court CR. MISC. No.1119 of 2026(2) dt.19-01-2026
2/2
an open place which is accessible to one and all and petitioner
was implicated in this case only due to high handedness of the
police. The petitioner is in custody since 08.12.2025 and has got
one criminal antecedent. There is no compliance of Section 103
of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Revilganj PS Case No. 394 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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