Patna High Court
Laxman Choudhary @ Lakshman Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS — s. 103
- Code of Criminal Procedure, 1973 — s. 100
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.