Patna High Court
Shyam Sundar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the absence of incriminating material in the petitioner’s possession and the procedural lapse under Section 103 of the BNSS, 2023 justified granting bail.
Summary
The petitioner, Shyam Sundar Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 50 litres of country‑made liquor on his motorcycle. He claimed innocence, stating that no incriminating material was found in his conscious possession and that he was implicated by the police with ulterior motive. The petitioner had been in custody since 16‑12‑2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail, but the court, considering the circumstances and the lack of direct evidence against the petitioner, decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite the seriousness of the offence and prior antecedent.
- Whether non‑compliance with Section 103 of the BNSS, 2023 bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- criminal procedure
- prohibition law
- Section 30(a)
- Section 103
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1216 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Shyam Sundar Chaudhary S/o Jaglal Chaudhary R/o Village - Jandhaul, P.S -
Sirdalla, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s : Mr. Madan Kumar, 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 Sirdalla PS
Case No. 456 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 50 liters of
country made liquor was recovered from the motorcycle.
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. Learned counsel for
the petitioner submits that the petitioner is the owner of the said
motorcycle and has been implicated in this case by the police
Patna High Court CR. MISC. No.1216 of 2026(2) dt.19-01-2026
2/2
with ulterior motive. The petitioner is in custody since
16.12.2025 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 Sirdalla PS Case No. 456 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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