Patna High Court
Lal Bihari ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners subject to specified conditions.
Summary
Lal Bihari Choudhary and Pappu Kumar Choudhari were arrested for alleged possession of 1.260 litres of liquor recovered from an open place, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners claimed they were falsely implicated, asserting no incriminating material was found on them and that the recovery was from a public area. They also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the court found no sufficient ground to keep them in custody and granted bail subject to monetary and procedural conditions, including sureties, appearance requirements, and non‑interference with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the present circumstances.
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the recovery of liquor from an open public place implicates the petitioners in possession of the contraband.
Legislation cited
Subjects
- bail
- excise
- liquor possession
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13260 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Excise Dumraon District- Buxar
======================================================
1. Lal Bihari Choudhary S/o Late Ram Prasad Choudhary Resident of village -
Ward No. 4, Purana Bhojpur, Police Station-Naya Bhojpur, District - Buxar.
2. Pappu Kumar Choudhari S/o Dhanraj Choudhari Resident of village - Ward
No. 4, Purana Bhojpur, Police Station-Naya Bhojpur, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Rai Sharma, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Dumraon (Excise) P.S. Case No. 7 of 2026, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 1.260
liters liquor was recovered from two plastic bags. Both the
petitioners were arrested on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners further submitted that the recovery
has been made from open place, which is accessible to public at
large. The petitioners are in custody since 29.01.2026 and
petitioners have got two 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dumraon (Excise)
P.S. Case No. 7 of 2026, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
close member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
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consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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