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Patna High Court

Nepali ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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