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Patna High Court

Subhash ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Subhash Chaudhary, applied for regular bail in a case under Section 30(a) of the Excise Act where 750 ml of country-made liquor was seized. He claimed innocence, stating that the liquor was not in his conscious possession and that the seizure was not conducted in compliance with Section 105 of the Bihar Negotiable Instruments Act. The prosecution opposed bail, noting the petitioner’s four prior criminal antecedents and his custody since 28‑02‑2026. The court considered the lack of direct possession, procedural lapses, and the petitioner’s antecedents. It granted bail on a bond of Rs.10,000 with two sureties, imposing a condition that he not commit a similar offence. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Excise Act despite alleged procedural lapses in seizure.
  • Whether the petitioner’s prior criminal antecedents and custodial status justify denial of bail.

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30(a)
  • procedural lapse
  • seizure
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23431 of 2026
                     Arising Out of PS. Case No.-126 Year-2026 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Subhash Chaudhary S/O Late Govind Chaudhary Resident of Village- Bari
                 Dargah, Purani Bazar, Ward No.- 8, P.S.- Lakhisarai, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sanjeev Kumar, Advocate
                 For the Opposite Party/s :         Mr.Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 30 (a) of the

                   Excise Act.

                                3. The case of the prosecution is that altogether 750

                   ml of country made liquor was recovered from a bag.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of

                   this petitioner. It is further submitted that all the witnesses to

                   the seizure list are police personnel and the police have not

                   complied the mandatory provision of Section 105 of the BNS at
            Patna High Court CR. MISC. No.23431 of 2026(2) dt.16-04-2026
                                                        2/2




                      the time of seizure. Moreover, the petitioner is languishing in

                      judicial custody since 28.02.2026 having 4 criminal antecedents.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Excise P.S. Case No. 126 C2/26 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      District and Additional Sessions Judge VII cum Exclusive

                      Special Excise Court No. 2, Lakhisarai/concerned Court, subject

                      to the condition that the petitioner shall not indulge in similar

                      nature of offence in near future.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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