Patna High Court
Hari Kishor ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Hari Kishor Chaudhary was arrested in connection with the recovery of 15 litres of country-made liquor behind his house, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not in his possession and that the seizure was effected without complying with section 105 of the BNSS, and he had been in judicial custody since 17 February 2026. The State opposed bail, highlighting two prior criminal cases against the petitioner. After hearing both sides, the Court considered the procedural irregularity and the petitioner’s claim of innocence, and decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and required compliance with the 2nd Exclusive Special Excise Judge, Chapra.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with section 105 of the BNSS in the seizure process warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- section 30(a)
- procedural lapse
- seizure
- section 105 BNSS
- prior criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15931 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- SAHAJITPUR District- Saran
======================================================
Hari Kishor Chaudhary S/O Late Jagarnath Chaudhary Resident Of Village-
Maedhuka, Police Station- Sahajitpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that behind the house
of the petitioner, altogether 15 liters of country made liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the nothing has
been recovered from the possession of the petitioner rather the
recovery of liquor has been made behind the house of the
petitioner. The seizure list witness is police personnel and police
Patna High Court CR. MISC. No.15931 of 2026(2) dt.12-03-2026
2/2
has not complied section 105 of BNSS while preparing seizure.
Moreover, he is languishing in judicial custody since 17.02.2026
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of two
cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Sahajit P.S. Case No. 38 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 2nd Exclusive Special Excise
Judge Saran at Chapra.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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