Patna High Court

Dinesh ChaudharyversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Dinesh Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 5 litres of liquor were recovered from an open area behind his house. He claimed innocence, arguing that no liquor was found in his possession and that his name was implicated solely based on a local watchman's disclosure, with no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, while the petitioner’s counsel sought release, noting his three prior criminal antecedents and the elapsed custody since 8 January 2026. The Court, considering the circumstances and the lack of incriminating material in the petitioner’s possession, decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions including family surety and mandatory appearance in court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12666 of 2026
                     Arising Out of PS. Case No.-326 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Dinesh Chaudhary Son of Late Ram Janam Chaudhary Resident of Village -
                 Shobhipur, P.S.- Janta Bazar, District - Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Janta

                   Bazar P.S. Case No. 326 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 05 liters

                   liquor was recovered from an open place behind the house of

                   the petitioner.

                                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
Patna High Court CR. MISC. No.12666 of 2026(2) dt.24-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of disclosure made by local chaukidar. It is

          further submitted that the alleged recovery has been made from

          an open place behind the house of the petitioner and the same is

          easily accessible to the public at large. The petitioner is in

          custody since 08.01.2026 and has got three criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                       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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Janta Bazar P.S. Case

          No. 326 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.
             Patna High Court CR. MISC. No.12666 of 2026(2) dt.24-02-2026
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                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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