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Patna High Court

Laxman Choudhary @ Lakshman Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a cash bond of Rs 10,000 and the stipulated conditions.

Summary

Laxman Choudhary was arrested on 8 January 2026 in connection with an excise case (Case No. 05 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018, involving the seizure of 25 litres of country‑made liquor and 150 litres of fertilised Mahua from a canal. The petitioner claimed he had no conscious possession of the seized items and argued that the recovery was made from an open place, contending that he was falsely implicated. He also pointed out that a co‑accused had been granted bail by a coordinate bench, and that the prosecution had not complied with Section 100 of the Cr.P.C. and Section 103 of the BNSS. The prosecution opposed bail, citing three prior criminal antecedents, though the petitioner asserted he was already on bail in those matters. The court, after considering the submissions, ordered the petitioner’s release on bail with a cash bond of Rs 10,000 and two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the non‑compliance of Section 100 of the Cr.P.C. and Section 103 of the BNSS warrants bail.
  • Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • Section 100
  • BNSS Section 103
  • criminal antecedent
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16091 of 2026
                        Arising Out of PS. Case No.-5 Year-2026 Thana- Excise P.S. District- Banka
                 ======================================================
                 Laxman Choudhary @ Lakshman Kumar Chaudhary S/O Adhik Lal
                 Chaudhary Resident of Vill.- Makduma, P.S.- Amarpur, Dist.- Banka.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :        Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                          Heard Mr. Dhananjay Kumar Pandey, learned

                   counsel for the petitioner and Ms. Shaheen Begum, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.01.2026 in connection with Banka Excise P.S. Case No. 05

                   of 2026, F.I.R. dated 08.01.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 25 liters of country made liquor and

                   150 liters of fertilized Mahua.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.16091 of 2026(3) dt.02-04-2026
                                            2/3




          conscious possession of the petitioner rather the recovery has

          been made from a canal which is an open place. He further

          submits that there is non-compliance of Section 100 of

          Cr.P.C/103 of BNSS and similarly situated co-accused person,

          namely, Sikandar Kumar Choudhary @ Sikandar Choudhary

          has been granted the privilege of bail by co-ordinate Bench of

          this Court vide order dated 16.03.2026 in Cr. Misc. No. 16967

          of 2026 and the petitioner is in custody since 08.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries three criminal antecedents other

          than the present one of similar nature but fairly submits on the

          basis of supplementary affidavit filed on behalf of that the

          petitioner is on bail in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          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 the learned Special

          Judge Exclusive Excise Court-2, Banka in connection with

          Banka Excise P.S. Case No. 05 of 2026, subject to the following

          conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.16091 of 2026(3) dt.02-04-2026
                                                        3/3




                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his 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.

                                   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)
Suruchi/-

U      T


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