Patna High Court
Vinod ChauhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions, finding no sufficient ground to deny liberty.
Summary
Vinod Chauhan was arrested in Nawada on suspicion of possessing 36 litres of country‑made liquor recovered from his e‑rickshaw, alleged to violate Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent, that no liquor was found in his possession and that the police failed to comply with Section 105 of the BNSS while making the seizure. He had been in judicial custody since 17 February 2026 and sought bail, asserting false implication. The State opposed bail, citing two prior similar offences. After hearing both sides, the Court granted bail on the condition that the petitioner not commit similar offences, requiring a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act despite alleged procedural lapses and prior criminal antecedents?
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- illegal liquor
- procedural lapse
- Section 105
- Bihar Prohibition and Excise Act
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20567 of 2026
Arising Out of PS. Case No.-175 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Vinod Chauhan Son of Parmeshwar Chauhan R/o At - Budhoul, Beldari, P.S.-
Town Thana, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise (Nawada) P.S. Case No. 175 of 2026 registered for
the offence punishable under Section 30(a), 41 of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from
the e-rickshaw of the petitioner, altogether 36 litres of country
made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.20567 of 2026(2) dt.31-03-2026
2/2
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the petitioner is languishing in judicial custody since
17.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not indulge himself in similar nature
of the offences in future. The above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rs. ten thousand only) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Excise Judge-II, Nawada in connection with Excise P.S. Case
No. 175 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…