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Patna High Court

Lal Bahadur ChouhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner, ordering his surrender within six weeks for the trial court to consider a surrender‑cum‑bail application.

Summary

The petitioner, Lal Bahadur Chouhan, was implicated in a case (Panjwara P.S. Case No. 130 of 2025) for allegedly possessing 100 litres of illicit liquor recovered from his motorcycle, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had no conscious possession of the liquor and was only the registered owner of the vehicle, contending that the charge was based solely on suspicion. The State opposed bail, highlighting that the petitioner is already facing two other criminal cases, one of which is also under the Excise Act. The Patna High Court, after hearing both sides, declined to grant bail, directing that the petitioner surrender within six weeks and that the trial court consider his surrender‑cum‑bail application on the same day. The order emphasized that the anticipatory bail previously rejected would not prejudice the trial court’s decision.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, given he is only the registered owner of the vehicle and not in possession of the illicit liquor.
  • Whether the petitioner’s involvement in two other criminal cases, including one under the Excise Act, warrants denial of bail.

Subjects

  • bail
  • anticipatory bail
  • excise law
  • illicit liquor
  • ownership vs possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15717 of 2026
                      Arising Out of PS. Case No.-130 Year-2025 Thana- PANJWARA District- Banka
                 ======================================================
                 Lal Bahadur Chouhan S/o Narsingh Chouhan Resident of village -
                 Dhanukatand, P.S - Barahat , District - Banka
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sudhir Kumar Mishra
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER
2   25-03-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Panjwara P.S. Case No. 130 of 2025 registered on

                   13.10.2025 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per prosecution, recovery of 100 liters country-

                   made illicit liquor from the motorcycle of the petitioner is the

                   subject matter of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. It is

                   submitted that nothing has been recovered from the conscious

                   possession of the petitioner; rather, he has been implicated in the

                   present case solely on the ground that he is the registered owner

                   of the motorcycle from which the alleged recovery has been
            Patna High Court CR. MISC. No.15717 of 2026(2) dt.25-03-2026
                                                        2/2




                      made. The petitioner has never committed such offence, but his

                      name has been dragged in the present FIR only on the basis of

                      suspicion. It is further submitted that the petitioner is accused in

                      two more criminal cases.

                                   5. Learned APP for the State opposes the prayer for

                      bail of the petitioner and submits that the petitioner is accused in

                      two more criminal cases and out of two one case is under Excise

                      Act. The petitioner the registered owner of the motorcycle from

                      which the alleged recovery has been made.

                                   6. In this background, this Court is not inclined to

                      grant bail to the petitioner. Accordingly, the prayer for bail of

                      the petitioner in connection with Panjwara P.S. Case No. 130 of

                      2025, pending before the learned Special Judge Exclusive

                      Excise Court -2, Banka, is hereby rejected.

                                   7. However, if the petitioner surrenders before the

                      Trial Court within six weeks from today, the Trial Court is

                      directed to pass an order on his surrender-cum-bail application

                      on the same day, considering the ingredients of the Excise Act

                      against the petitioner, without being prejudiced by the fact that

                      the petitioner’s anticipatory bail has been rejected by this Court.


                                                  (Dr. Anshuman, J)
Ashwini/-
U     T


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