Patna High Court
Morelal Chaudhary @ Mohan Lal ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, directing the furnishing of a bail bond of Rs 15,000 with two sureties.
Summary
The petitioner, Morelal Chaudhary, was arrested in connection with a case registered at Rasulpur Police Station (Case No. 150 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 15 litres of liquor were reportedly recovered from a bag. The petitioner contended that he was falsely implicated, that no incriminating material was found in his conscious possession, and that his name surfaced only through a chowkidar’s disclosure; he also pointed out his single prior criminal antecedent and the non‑compliance of Section 103 of the B.N.S.S., 2023. The State opposed the bail application, arguing the seriousness of the offence. The Court examined the facts, the length of custody since 6‑December‑2025, and the lack of direct evidence against the petitioner. Considering these circumstances, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.136 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- RASULPUR District- Saran
======================================================
Morelal Chaudhary @ Mohan Lal Chaudhary S/o Late Raghunath Chaudhary
R/o Village - Benaut, P.S.- Rasoolpur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hari Mohan Tripathi, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, 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 Rasulpur P.S. case No.
150 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 15 liters liquor
was recovered from bag.
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 no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.136 of 2026(2) dt.19-01-2026
2/2
on the basis of disclosure made by local chowkidar. The
petitioner is in custody since 06.12.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
B.N.S.S., 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 Rasulpur P.S. case
No. 150 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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