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Patna High Court

Praveen Kumar Chaudhary @ Pravin Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified monetary and reporting conditions.

Summary

The petitioner, Praveen Kumar Chaudhary, was arrested in connection with the recovery of 104 litres of illicit liquor from his vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, a clean antecedent, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner's clean record, granted bail on the condition of furnishing a Rs.10,000 bond with two sureties, depositing Rs.25,000 with the Ramakrishna Mission Ashrama, and reporting to the police station on specified days. The Court also directed verification of the petitioner's antecedent before finalizing the bail bonds and clarified that the order is limited to the bail application and does not prejudice the trial.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner's antecedent.

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • criminal procedure
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21608 of 2026
                  Arising Out of PS. Case No.-9 Year-2026 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Praveen Kumar Chaudhary @ Pravin Kumar Yadav S/O Ram Ayodhya Yadav
                 R/O Village- Chauraw, P.S- Kuchaikot, District- Gopalganj.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Ramadhar Shekhar, Advocate
                 For the State           :       Ms.Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Vishambharpur P.S. Case No. 09 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   104 litres of illicit liquor from the vehicle which belongs to the

                   petitioner.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   22.01.2026 having clean antecedent.

                                 5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21608 of 2026(2) dt.06-04-2026
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          petitioner is ready to donate Rs. 25,000/- in some charitable

          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned District &

          Additional Sessions Judge-IV-cum- Exclusive Special Excise

          Court No.- II, Gopalganj/concerned Court below in connection

          with Vishambharpur P.S. Case No. 09 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.

          Circuit House, Chapra, Bihar and produce the receipt of the

          same before the Court below. The bail bonds of the petitioner

          shall be accepted after verifying the genuineness of the receipt

          produced by the petitioner.

                       9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If
           Patna High Court CR. MISC. No.21608 of 2026(2) dt.06-04-2026
                                                       3/3




                     the petitioner is found to be involved in any other case then the

                     bail bonds of the petitioner shall not be accepted.

                                  10. As a condition of this order, the petitioner after

                     being released on bail is directed to mark his attendance at

                     Kuchaikot Police Station, District- Gopalganj on first and third

                     Sunday of each month. Any default in appearance at the police

                     station will result in cancellation of bail bonds of the petitioner.

                                  11. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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