Patna High Court
Nepali ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
The petitioner, Nepali Chaudhary, was arrested on 20 January 2026 in connection with an excise case alleging possession of 7 litres of country‑made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner argued that the liquor was recovered from his house, which is a joint family property, and that there was no conscious possession by him; he also contended that Section 103 of the Bihar Narcotic Substances (Amendment) Act, 2023 was not complied with. The State opposed bail, noting that the petitioner has four other pending cases, though he is already on bail in those matters. The Court examined the facts, the nature of ownership of the premises, and the pending cases, and decided to grant bail on a bond of Rs 10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the District and Additional Sessions Judge‑VII‑cum‑Exclusive Special Excise Court‑II, Lakhisarai.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of liquor from his residence.
- Whether the joint family ownership of the house negates the charge of possession under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether non‑compliance with Section 103 of the Bihar Narcotic Substances (Amendment) Act, 2023 affects the grant of bail.
- Whether the existence of four other pending cases, albeit with bail, should preclude bail in the present case.
Subjects
- bail
- excise
- illegal liquor
- joint family property
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15016 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Nepali Chaudhary S/O Rajo Chaudhary R/O Vill.- Nayabazar, Bazar Samiti,
Near Pir Baba, ward no. 31, P.s.- Kaviya, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayank Bilochan, Advocate
For the Opposite Party/s : Ms.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr.Mayank Bilochan, learned counsel for the
petitioner and Ms.Renu Kumari,learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
20.01.2026 in connection with Lakhisarai Excise P.S. Case No.
44c2/2026, F.I.R. dated 19.01.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Recovery is of 07 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR itself that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from the house of the petitioner and
there is non-compliance of Section 103 of BNSS, 2023 and
petitioner is not the exclusive owner of the house in question
Patna High Court CR. MISC. No.15016 of 2026(2) dt.10-03-2026
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and the house in question is joint family property of the
petitioner and the petitioner is in custody since 20.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
four more cases other than the present one but fairly submits
that the petitioner is on bail in all the pending matters, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District and Addl. Sessions
Judge-VII-cum-Exclusive Spl. Excise Court-II, Lakhisarai in
connection with Lakhisarai Excise P.S. Case No. 44c2/2026,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. MISC. No.15016 of 2026(2) dt.10-03-2026
3/3
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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