Patna High Court
Biranj Chaudhary @ Viran ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted as there was no direct recovery from the petitioner’s possession and no likelihood of absconding.
Summary
The petitioner, Biranj Chaudhary, was charged under Sections 30(a), (b) and (c) of the Excise Act for alleged recovery of 205 litres of liquor and 100 litres of jaggery solution from two locations. He contended that he was not arrested at the scene, no contraband was found in his possession, and that the accusation stemmed from a hostile chaukidar rather than any substantive evidence. The petitioner also highlighted his prior two excise cases and argued that he would not flee and would cooperate with the trial. The State opposed bail, but the court noted the lack of direct recovery, the possibility of false implication, and the absence of flight risk. Consequently, the court ordered his release on regular bail with a bond of Rs.5,000 and two sureties of equal amount, directing compliance with the trial court.
Issues considered
- Whether the petitioner is entitled to bail despite the charges under Sections 30(a), (b) and (c) of the Excise Act
- Whether the circumstances of the arrest and alleged recovery justify denial of bail
Legislation cited
- Excise Act — s. 30(a), 30(b), 30(c)
Subjects
- bail
- Excise Act
- liquor seizure
- criminal procedure
- false implication
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21953 of 2026
Arising Out of PS. Case No.-719 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Biranj Chaudhary @ Viran Chaudhary Son of Santan Chaudhry R/o Village -
Bhadeji, P.S. - Muffasil, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar
For the Opposite Party/s : Ms.Veena Kumari Jaiswal- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a)(b)(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 205 litres of liquor from two
different places as detailed in the FIR along with 100 litres of
jaggery solution.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated at the instance of Chaukidar with
whom he is on an inimical term. It is next submitted that police
Patna High Court CR. MISC. No.21953 of 2026(2) dt.18-04-2026
2/2
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret informant and
confessional statement in a mechanical manner without holding
proper investigation. c It is further submitted that if Chaukidar
was aware of the involvement of the petitioner in the
occurrence, then why he did not inform the police prior to
institution of the present F.I.R., which casts an aspersion on the
case of the prosecution. It is also submitted that petitioner will
not abscond rather will cooperate in the trial to prove his
innocence and petitioner is in custody since 21.01.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Muffasil P. S. Case No.719 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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