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Patna High Court

Morelal Chaudhary @ Mohan Lal ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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