Patna High Court
Sunny Chaudhary @ Sunny Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Sunny Chaudhary, was arrested in connection with the seizure of 95 litres of illicit liquor and charged under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act. He applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period and the nature of the offence, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties and imposing conditions of a Rs. 25,000 donation to Ramakrishna Math and regular attendance at the police station. The order is limited to the bail application and does not prejudice the trial. The petitioner must produce a receipt for the donation and comply with attendance requirements, failing which the bail may be cancelled.
Issues considered
- Whether regular bail should be granted to the accused under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act considering the nature of the offence and the period of custody.
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 30(d)
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22147 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- Pothia District- Katihar
======================================================
Sunny Chaudhary @ Sunny Kumar Chaudhary Son of Late Shiva Chaudhary
@ Late Sivnarayan Chaudhary R/o Tikapatti Chandpur, Ward no. 3, P.S. -
Pothia, Distt - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh
For the Opposite Party/s : Mr. Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Pothia P.S. Case No. 41 of 2026,
registered for offences punishable under Sections 30(a) and
30(d) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 95 liters of illicit liquor
have been recovered from the house of the petitioner. The
petitioner is in custody since 18.02.2026.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.22147 of 2026(2) dt.09-04-2026
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5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Pothia P.S. Case No.
41 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Bhatta Bazar, Purnea,
Bihar, and shall produce a valid receipt thereof
before the court below. The bail bonds shall be
accepted only after verification of the genuineness
of the said receipt.
(ii). The petitioner shall mark his
attendance at Pothia Police Station on every 1 st
and 3rd Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.22147 of 2026(2) dt.09-04-2026
3/3
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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