Patna High Court
Nitish Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Nitish Kumar Chaudhary and Rishi Chaudhary, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 200 litres of country-made liquor. They contended that they were merely passengers in the vehicle, had no knowledge of the liquor, and no incriminating material was found on them. The State opposed bail, but the petitioners highlighted their lack of criminal antecedent and the non‑compliance of Section 103 of the BNSS, 2023. The Court examined these facts, noting the petitioners' limited involvement and the duration of custody. Consequently, the Court granted bail, directing the petitioners to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given they were passengers with no knowledge of the contraband
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- passenger liability
- possession
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1490 of 2026
Arising Out of PS. Case No.-630 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Nitish Kumar Chaudhary S/O Late Dwarika Chaudhary @ Dourika
Choudhary Resident of village- Sargatti P.S-Garkha, District- Saran at
Chapra.
2. Rishi Chaudhary Son of late Umesh Chaudhary Resident of village-Anand
Nagar ward No- 12, P.S.- Rivilganj, Dist.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Chapra
Muffasil PS Case No. 630 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 200 liters of
country made liquor was recovered from the auto.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material have been recovered
from the conscious possession of the petitioners. The petitioners
have got no concern with the alleged recovery of liquor.
Patna High Court CR. MISC. No.1490 of 2026(2) dt.19-01-2026
2/2
Learned counsel for the petitioners submit that the petitioners
are neither the owner nor the driver of the said vehicle in
question, they were merely the passengers having no knowledge
of the goods loaded in the vehicle. The petitioner is in custody
since 27.11.2025 and has got no criminal antecedent. 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioners 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 Chapra Muffasil PS
Case No. 630 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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