Patna High Court
Dip Narayan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Dip Narayan Chaudhary, was arrested at Fakuli police station after 846 litres of foreign liquor were seized from a truck, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was neither the owner nor the driver of the vehicle and that no incriminating material was found in his possession. The State opposed bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents, as well as non‑compliance with Section 103 of the BNSS, 2023. The court examined the custody period, the lack of direct evidence linking the petitioner to the contraband, and the principle of bail as a right unless compelling reasons exist to deny it. Considering these factors, the court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and specific conditions for appearance and future conduct. The order released the petitioner on bail subject to the stipulated conditions.
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, custody period, and prior criminal antecedents
- Whether the non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Section 30(a)
- Section 103
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1374 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- Fakuli District- Muzaffarpur
======================================================
Dip Narayan Chaudhary S/o Rama Shankar Chaudhary R/o Vill- Jatkauli, P.S.
and Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Mr. Ramchandra Sahni, 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 connection with Fakuli PS
Case No. 90 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 846 liters of foreign
liquor was recovered from the truck and the petitioner was arrested
on the spot.
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. Learned counsel
for the petitioner submits that the petitioner is neither the owner
Patna High Court CR. MISC. No.1374 of 2026(2) dt.19-01-2026
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nor the driver of the vehicle in question and he has no knowledge
regarding the nature of goods kept in the vehicle. The petitioner is
in custody since 07.12.2025 and has got three criminal
antecedents. There is no compliance of Section 103 of the BNSS,
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 Fakuli PS Case No. 90 of 2025, subject
to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(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.
(III) If the petitioner is found involved in the similar nature
of offence in future, the prosecution will be at liberty to move for
Patna High Court CR. MISC. No.1374 of 2026(2) dt.19-01-2026
3/3
cancellation of bail.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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