Patna High Court
Yamuna Choudhary @ Jato Choudhary @ Yamuna ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary and procedural conditions.
Summary
The petitioner, Yamuna Choudhary, 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 a bathroom at his residence. He contended that he was falsely implicated, arguing that no liquor was found in his conscious possession and that the recovery was unrelated to him. The State opposed bail, citing the seriousness of the offence and the petitioner’s five prior criminal antecedents. The Court, after considering the circumstances and the period of custody, decided to grant bail subject to a cash bond of Rs. 15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences. The bail order was conditioned on compliance with the stipulated terms and allowed the petitioner to be released after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, evidence, and prior criminal antecedents.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- prior convictions
- evidence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13695 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- HALSI District- Lakhisarai
======================================================
Yamuna Choudhary @ Jato Choudhary @ Yamuna Chaudhari S/O Baleshwar
Choudhary @ Valeshwar Chaudhari Village- Manpur, P.S.- Halsi Dist
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate
For the Opposite Party/s : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Halsi
P.S. Case No. 13 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 5 litres of
liquor has been recovered from the bathroom of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the bathroom. The petitioner has got no concern with the
alleged recovery of liquor. The petitioner is in custody since
18.01.2026 and has five criminal antecedents. There is no
Patna High Court CR. MISC. No.13695 of 2026(2) dt.26-02-2026
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compliance of Section 103 of the Bharatiya Nagarika 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 as also 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, after framing
of charge, if not already framed, 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 Halsi P.S. Case No.
13 of 2026 subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
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similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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