Patna High Court
Upendra Chaudhary @ Upendra Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a cash bond, two sureties, a charitable donation, and regular police‑station attendance.
Summary
The petitioner, Upendra Chaudhary, was arrested in connection with a case registered under Section 30(a) of the Bihar Excise and Prohibition Act for possession of 30 litres of illicit liquor. He had been in custody since 17 February 2026 and applied for bail, asserting his innocence and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Patna High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties of equal amount, deposit the Rs.25,000 donation with Ramakrishna Mission Ashram, and appear at the police station every Sunday. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Excise and Prohibition Act for possession of illicit liquor
- What conditions, if any, may be imposed while granting bail in such offence
Subjects
- bail
- excise law
- illicit liquor
- Bihar Excise and Prohibition Act
- criminal procedure
- surety
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23594 of 2026
Arising Out of PS. Case No.-264 Year-2024 Thana- JANTA BAZAR District- Saran
======================================================
Upendra Chaudhary @ Upendra Kumar Chaudhary Son of Tarkeshwar
Chaudhary R/o Village - Shobhipur, P.S. - Janta Bazar, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
Mr. Supriya Singh
Mr. Roshan Kumar
For the Opposite Party/s : Mr. Sharda Kumari
======================================================
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 petitioner seeks bail in connection with Janta
Bazar P.S. Case No. 264 of 2024 registered for the offence
under Section 30(a) of the Bihar Excise and Prohibition Act.
3. The recovery is of 30 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 17.02.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
Patna High Court CR. MISC. No.23594 of 2026(2) dt.09-04-2026
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7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Janta Bazar P.S. Case No. 264
of 2024.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra and
produce the receipt of the same before the Court below. The bail
bonds of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at Janta
Bazar Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
Patna High Court CR. MISC. No.23594 of 2026(2) dt.09-04-2026
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expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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