Patna High Court
Biranj Chaudhary @ Viran ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted subject to a Rs.5,000 bond and two sureties.
Summary
The petitioner, Biranj Chaudhary, was arrested in connection with the alleged recovery of 100 litres of liquor and 2,000 litres of Jawa Mahua from a riverbank, offences punishable under Sections 30(a), (b) and (c) of the Bihar Prohibition and Excise Amendment Act. He argued that the seized material was not in his possession, the site was public, and he was implicated by a hostile chowkidar, contending that the investigation was mechanical and that he would not flee if released. The State opposed bail, citing the seriousness of the excise offences and the petitioner’s prior cases under the Excise Act. The court considered the lack of direct possession, the circumstances of the alleged recovery, and the petitioner’s custody since 5 January 2026, and found no reason to deny bail. Accordingly, the court ordered his release on bail upon furnishing a Rs.5,000 bond with two sureties of the same amount, to be satisfied by the trial court.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Amendment Act where no liquor was found in his possession and the alleged recovery was from a public place.
Subjects
- bail
- excise
- prohibition
- criminal procedure
- Bihar
- liquor seizure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17080 of 2026
Arising Out of PS. Case No.-1058 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Biranj Chaudhary @ Viran Chaudhary S/o Santan Chaudhary R/o village-
Bhadeji, P.S.- Muffasil, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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
offence punishable under Sections 30(a) (b) (c) of Bihar
Prohibition and Excise Amendment 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 100 litres of liquor from a place near
bank of a river along with 2000 litres of Jawa Mahua which was
destroyed. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to villagers at
large and he came to be implicated at the instance of chowkidar
Patna High Court CR. MISC. No.17080 of 2026(2) dt.18-04-2026
2/2
with whom he is on an inimical term. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is next submitted that
petitioner is in custody since 05.01.2026 and charge sheet has
been submitted. It is also submitted that if privilege of bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. 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.5000/- (Rupees five 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 Muffasil
P.S. Case No.1058/2025.
(Satyavrat Verma, J)
amit/-
U T
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