Patna High Court
Manish Chaudhary @ Sanjeet Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, subject to a bond of Rs.10,000 and two sureties.
Summary
Manish Chaudhary applied for bail in a criminal case (Criminal Miscellaneous No.1546 of 2026) concerning alleged offences under Sections 338, 336(3) and 340(2) of the Bihar Narcotic/Excise Statute, 2023, read with Section 30(a) of the Bihar Excise Act, for the alleged recovery of 1,528.200 litres of liquor from a truck. The petitioner argued that he was not caught in the act, did not have the liquor in his conscious possession, was not the owner of the vehicle, and was implicated solely on the basis of a chowkidar’s statement without proper investigation. He had been in custody since 24‑11‑2025. The State opposed bail. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the trial court’s satisfaction.
Issues considered
- Whether bail should be granted to the petitioner in offences under Sections 338, 336(3) and 340(2) of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of non‑apprehension at the spot and lack of ownership of the seized vehicle justify bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Subjects
- bail
- excise law
- liquor seizure
- criminal procedure
- Bihar Excise Act
- BNS 2023
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1546 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- SAKATPUR District- Darbhanga
======================================================
Manish Chaudhary @ Sanjeet Kumar Chaudhary S/o Lalan Ji Chaudhary R/o
Village - Nadiyami, P.S - Sakatpur, District - Darbhanga, Pin - 847405
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghvendra Kumar, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 338, 336(3) and 340(2) of
the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 1528.200 liters of liquor from a
truck.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated at the
instance of Chowkidar. It is also submitted that once an accused
Patna High Court CR. MISC. No.1546 of 2026(2) dt.30-01-2026
2/2
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
petitioner is in custody since 24.11.2025.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Sakatpur
P.S. Case No. 65 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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