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Patna High Court

Lalbabu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner on a bond of Rs 10,000 with two sureties, subject to attendance and conduct conditions.

Summary

Lalbabu Chaudhary was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 after 54 litres of Nepali liquor was recovered from a bag he discarded. He has been in custody since 24 January 2026 and claims that no liquor was found in his conscious physical possession. The petitioner, already on bail in six similar cases, applied for bail, asserting his willingness to cooperate with the trial. The State opposed the bail application. The court, after considering the lack of physical possession, the petitioner’s bail history, and his readiness to appear, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to strict attendance conditions and possible cancellation for future offences. The order also directed that failure to appear on two consecutive dates could lead to bail cancellation.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the nature of the offence and his custody status.

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • Section 30(a)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19000 of 2026
                    Arising Out of PS. Case No.-26 Year-2026 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Lalbabu Chaudhary S/o- Jamun Chaudhary @ Yamuna Chaudhari @ Jamuna
                 Chaudhari Resident of village - Shyampur Bazar P.S- Adapur District- East
                 Champaran
                                                                             ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh
                 For the Opposite Party/s :       Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Adapur

                   P.S. Case No. 26 of 2026, dated 23.01.2026, registered for the

                   offence under Section 30(a) of Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                3. Allegedly, 54 liters of Nepali country made liquor

                   was recovered from a bag which the petitioner has thrown away

                   seeing the police party so as to save himself.

                                4. It has been submitted by learned counsel appearing

                   for the petitioner that the petitioner is in custody since

                   24.01.2026 and there is no compliance of the provisions under

                   Section 103 BNSS and nothing has been recovered from the

                   conscious physical possession of the petitioner. Although the
          Patna High Court CR. MISC. No.19000 of 2026(2) dt.25-03-2026
                                                      2/2




                    petitioner is accused in six other cases of similar nature, but he

                    is on bail in those cases. Moreover, the petitioner is ready to

                    cooperate in the trial.

                                 5. Learned A.P.P. for the State vehemently opposed

                    the prayer for bail of the petitioner.

                                 6. Considering the facts and circumstances of the

                    case, let the, above named, petitioner 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 learned

                    Exclusive Special Excise Court No.02, East Champaran at

                    Motihari, in connection with Adapur P.S. Case No. 26 of 2026.

                                 7. It is directed that the petitioner would be

                    represented on each and every date in the trial and on failure on

                    two consecutive dates, the learned court below would be at

                    liberty to cancel his bail bonds. It is further directed that if the

                    petitioner gets himself involved in similar nature of offences,

                    the prosecution would be at liberty to file cancellation of bail

                    before appropriate forum.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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