Patna High Court
Rajdeo Chaudhary @ Rajdev ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Rajdeo Chaudhary, was arrested in connection with the seizure of 170 litres of liquor, an automobile and a motorcycle from a house that is part of a joint family property. He was charged under Section 30(a) of the Bihar Excise Act. The petitioner pleaded that he has a clean antecedent, was not apprehended at the spot, and that none of the seized items were in his conscious possession or ownership. He argued that the liquor was stored in a joint family house and that he had no knowledge of its presence. The State opposed bail, but the court, after considering the petitioner's submissions, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the trial court where the case is pending.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of seizure and alleged involvement.
Subjects
- bail
- excise law
- seizure of liquor
- joint family property
- criminal procedure
- Section 30 Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2030 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- GURUA District- Gaya
======================================================
Rajdeo Chaudhary @ Rajdev Chaudhary son of Ramyad Chaudhary Resident
of Village- Nser, P.S.- Gurua, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 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
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 170 liters of liquor from the house of accused
persons including the petitioner and an Auto along with a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles and the house in question is
Patna High Court CR. MISC. No.2030 of 2026(2) dt.30-01-2026
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a joint family property, as such, it cannot be alleged with
certainty that it was petitioner who had kept the liquor in the
house or the liquor kept in the house was within his knowledge
and is languishing in judicial custody since 23.11.2025.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. 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.
10,000/- (Rupees Ten 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 Gurua
P.S. Case No. 302 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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