Patna High Court
Subhash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 105
- Excise Act — s. 30(a)
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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