Patna High Court
Rajesh Choudhary @ Rajesh ChoudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to bond and conditions.
Summary
The Patna High Court considered the bail application of Rajesh Choudhary, who was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 20.5 litres of liquor recovered from his residence. The petitioner contended that the liquor was found in a joint family house, that he had no direct possession of it, and that he was falsely implicated, while also noting six prior criminal antecedents and lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, arguing the seriousness of the offence and the petitioner’s criminal history. After weighing the facts, the court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences. The order also directed that bail be granted after framing of charge, if not already done, and warned that violation of conditions could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the recovery of liquor from a joint house
- Whether the petitioner’s prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023 preclude bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- prior antecedents
- joint family house
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14851 of 2026
Arising Out of PS. Case No.-891 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Rajesh Choudhary @ Rajesh Choudhari S/O Late Shital Chaudhary R/O Vill-
Sariswa Bazar, Ward no- 10, Majhauliya, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Majhauliya PS Case No. 891 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 20.5 liters
liquor was recovered from the house of the petitioner.
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 submitted
that recovery is made from the joint house of the petitioner,
Patna High Court CR. MISC. No.14851 of 2026(2) dt.27-02-2026
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where other family members also reside. The petitioner is in
custody since 04.01.2026 and has got six (6) criminal
antecedent/s. 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, after framing
of charge, if not already framed 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 Majhauliya PS Case No. 891 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
Patna High Court CR. MISC. No.14851 of 2026(2) dt.27-02-2026
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(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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