Patna High Court
Chhotu Choudhary @ Chhotu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner.
Summary
Chhotu Choudhary was arrested in connection with a case alleging recovery of 100 litres of illicit toddy from his shop, under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner claimed he was falsely implicated, had no possession of the toddy, no prior criminal record, and that the charge-sheet had already been filed. The State opposed his bail application. After hearing both sides, the court considered the lack of antecedents and the circumstances of the case and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, to be satisfied to the Exclusive Special Excise Judge‑I, Begusarai. The order was pronounced by Justice Khatim Reza.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, considering the facts of the case.
Subjects
- bail
- prohibition
- excise
- illicit toddy
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11532 of 2026
Arising Out of PS. Case No.-531 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Chhotu Choudhary @ Chhotu Chaudhary, S/o Shankar Choudhary @ Shankar
Chaudhary, R/o Village- Teliya Pokhar (Telia Pokhar), Ward No. 22, P.S-
Ratanpur, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam
For the Opposite Party/s : Mr. Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Town P.S. Case No. 531 of 2025 dated 22.12.2025
registered for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise Amendment Act, 2022.
3. The allegation is of recovery of 100 litres illicit
toddy from the shop of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
either from conscious possession of the petitioner or from
Patna High Court CR. MISC. No.11532 of 2026(2) dt.17-02-2026
2/2
his shop, rather, he has been falsely implicated in this case.
The petitioner is in custody since 23.12.2025, having no
criminal antecedent and charge-sheet has been submitted in
the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Judge-I, Begusarai in connection
with Town P.S. Case No. 531 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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