Patna High Court

Hari Shankar ChaudharyversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court held that the petitioner is entitled to pre‑arrest bail, subject to a cash bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Hari Shankar Chaudhary, was implicated in a FIR alleging possession of 27 litres of country‑made liquor seized from a motorcycle belonging to co‑accused Vikas Kushwaha, who claimed the liquor belonged to the petitioner. The petitioner applied for pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, asserting that he was not involved in the sale or consumption of the liquor and has a clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The Court examined the nature of the allegations and the statutory provisions governing bail, and concluded that the petitioner is eligible for pre‑arrest bail subject to a cash bond and sureties. Accordingly, the Court directed that the petitioner be released on bail if arrested or surrendered within four weeks, with verification of his criminal antecedent and a condition that the order would lapse if adverse findings emerge. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Substance (BNSS) Act.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022

Legislation cited

Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
bail bond
sureties
prohibition act
excise law
criminal procedure
Section 30
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20368 of 2026
                     Arising Out of PS. Case No.-294 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Hari Shankar Chaudhary S/o Ram Charndra Chaudhary R/o Village - Lachpur
                 Takiyabari, P.S - Gopalpur, District - Gopalganj
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
2   08-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Gopalpur P.S.Case No.294 of 2025, registered for the

                   offences punishable under Section 30(a) of Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                 3. As per the allegation made in the FIR, the police

                   seized 27 ltr.        country-made liquor from the Dicky of the

                   Motorcycle bearing Registration No.UP57Z 6303, which

                   belongs to co-accused Vikas Kushwaha and the said co-accused

                   disclosed in his statement that the seized liquor belongs to the

                   petitioner.

                                 4. The learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is not involved in either

                   sale or consumption of the liquor. Petitioner has clean

                   antecedent.

                                 5. Learned APP for the State vehemently opposed the
            Patna High Court CR. MISC. No.20368 of 2026(2) dt.08-04-2026
                                                        2/2




                      prayer for grant of pre-arrest bail.

                                   6. Having considered the rival submissions of the

                      parties, as well as, considering the nature of allegations made in

                      the FIR, the petitioner is directed to be released on pre-arrest

                      bail, in the event of his arrest or surrender before the district

                      court within a period of four weeks from today, on furnishing

                      bail bond of Rs.10,000/- (Ten Thousand) with two sureties of

                      the like amount each to the satisfaction of learned Additional

                      District and Sessions Judge IV cum Exclusive Special Judge

                      Excise court II, Gopalganj, in connection with Gopalpur

                      P.S.Case No.294 of 2025, subject to the conditions as laid down

                      under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

                                   7. The learned district court is directed to verify the

                      criminal antecedent of the petitioner and if it is found that the

                      petitioner is involved in some other cases as what has been

                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-
U       T

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