Patna High Court

Changur @ Changur Chaudhary @ Chhawangur ChaudharyversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail, finding no prima facie case against the petitioner and noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Changur Chaudhary, sought anticipatory bail fearing arrest in a case (PS Buxar Case No. 377 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 90 litres of liquor. The prosecution’s case relied on a statement by an apprehended individual, Awadesh Kumar Singh, linking the petitioner to the recovered liquor, though the petitioner claimed no involvement and no prior criminal record. The petitioner argued that the recovery was made in a public open place without compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed. The State opposed the bail. The Court, noting the lack of compliance with Section 103 and the absence of a prima facie case, granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the present case.
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 regarding the recovery of liquor.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
Section 103
Section 482
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11795 of 2026
                   Arising Out of PS. Case No.-377 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Changur @ Changur Chaudhary @ Chhawangur Chaudhary Son of Bahadur
                 Chaudhari Resident of Village- Mishrawalia, P.S.- Buxar (Muffasil), District-
                 Buxar
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajit Kumar, Advocate
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Buxar (Muffasil) P.S. Case No. 377 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 total 90 litres

                   of liquor was recovered from Jute sack.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   statement given by apprehended person namely Awadesh Kumar

                   Singh. The petitioner has got no concern with the alleged

                   recovery of liquor. The petitioner has no criminal antecedent.
           Patna High Court CR. MISC. No.11795 of 2026(2) dt.13-02-2026
                                                       2/2




                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023. The alleged recovery has

                     been made from open place, which is accessible to public at

                     large. Learned counsel for the petitioner, therefore, contends that

                     prima-facie no case is made out against the petitioner.

                             5.      Learned APP 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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Buxar (Muffasil) P.S.

                     Case No. 377 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                                       (Rudra Prakash Mishra, J)

manish/-

U      T

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