Created by Fuzzy Cloud

Patna High Court

Bhola Chaudhary @ Bhola ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner with specified bond and attendance conditions.

Summary

The petitioner, Bhola Chaudhary, applied for regular bail in a case (Town P.S. Case No. 1243 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 9 litres of illicit liquor. He had been in custody since 23‑12‑2025 and possessed 14 prior criminal antecedents of a similar nature. The petitioner claimed innocence, asserting that nothing was recovered from his conscious possession, while the State opposed bail. The Court, after considering the facts, the period of custody, and the antecedents, allowed the bail application, directing a bond of Rs.10,000 with two sureties and imposing a condition to appear at the Motihari Town Police Station on alternate days. The Court clarified that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the recovery of illicit liquor, the length of custody, and the petitioner’s 14 prior criminal antecedents.

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal antecedents
  • alternate day police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21859 of 2026
                   Arising Out of PS. Case No.-1243 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Bhola Chaudhary @ Bhola Chaudhari Son of Late Janki Chaudhary Resident
                 of village - Baluwa Chikpatti (Baluwa Bazar), P.S.- Motihari Town District-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh
                 For the Opposite Party/s :      Mr. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Town P.S. Case No. 1243 of 2025 registered for the offence

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

                                3. As per the prosecution case, the recovery is of 9

                   liters of the illicit liquor from the petitioner. The petitioner is in

                   custody since 23.12.2025 and has 14 criminal antecedents.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Nothing has been recovered from the conscious possession of

                   the petitioner.

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

                   opposed the prayer for bail.
            Patna High Court CR. MISC. No.21859 of 2026(2) dt.07-04-2026
                                                        2/2




                                   6. Considering the aforesaid facts and circumstances

                      and the period of custody, this application for regular bail is

                      allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Town P.S. Case No.

                      1243 of 2025.

                                   8. In view of the fact that the petitioner has 14

                      antecedents of similar nature, he is directed to mark his

                      attendance at the Motihari Town Police Station on every

                      alternate day. Any default in appearance at the Police Station

                      would result in cancellation of bail bond of the petitioner.

                                   9. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.