Patna High Court
Rajendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Rajendra Chaudhary, was arrested in connection with a case alleging possession of 100.050 liters of liquor recovered from the house of a co-accused under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no direct involvement, no incriminating material was found on him, and he had no prior criminal record. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, noting the lack of evidence against the petitioner and the length of his custody, decided to grant bail. He was released on a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the period of custody already undergone justifies granting bail.
Legislation cited
Subjects
- bail
- prohibition act
- excise act
- liquor seizure
- Section 30(a)
- Section 103
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2253 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- BHAWANIPUR District- Purnia
======================================================
Rajendra Chaudhary S/O Tetar Chaudhary Resident of Village- Gerabari,
Ward no. 17, P.S- Korha, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate
For the Opposite Party/s : Ms.Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhawanipur P.S. Case No. 253 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 100.050 liters
liquor was recovered from the house of co-accused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The alleged
recovery has been made from the house of co-accused Pankaj
Patna High Court CR. MISC. No.2253 of 2026(2) dt.19-01-2026
2/2
Kumar Chaudhary. The name of the petitioner has been
disclosed by co-accused. The petitioner is in custody since
19.11.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhawanipur P.S.
Case No. 253 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…