Patna High Court
Bhola Chaudhary @ Bhola ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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