Patna High Court

Laxman ChaudharyversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Laxman Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 30 litres of liquor were recovered from a house he shared with family members. He claimed innocence, stating no incriminating material was found in his personal possession and that the recovery was from a joint house. The State opposed bail, while the petitioner highlighted his four prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. The court considered the facts, the period of custody since 14‑10‑2025, and the circumstances of the case, and decided to grant bail. Bail was set at a bond of Rs.15,000 with two sureties, subject to conditions including family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the BNSS, 2023, and the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 103
prior antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.2091 of 2026
                      Arising Out of PS. Case No.-95 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Laxman Chaudhary S/o- Late Narsing Chaudhary R/v- Sobhipur Ps- Janta
                 Bajar Dist- Saran



                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Janta

                   Bajar PS Case No. 95 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 30 liters

                   liquor was recovered behind the petitioner’s house.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.2091 of 2026(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that recovery is made from the joint house of the petitioner,

          where other family members also reside. The petitioner is in

          custody      since     14.10.2025       and     has   got   four   criminal

          antecedent/s. There is no compliance of Section 103 of the

          BNSS, 2023. Other co-accused has been granted bail by this

          Court vide order dated 08.07.2025, passed in Cr. Misc. No.

          42431 of 2025.

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

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                  7.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Janta Bajar PS Case

          No. 95 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.2091 of 2026(2) dt.19-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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