Patna High Court
Lalbabu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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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