Patna High Court
Ashok ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the bail application, granting regular bail with conditions.
Summary
Ashok Chaudhary applied for regular bail in a case where 20.05 litres of illicit liquor was recovered from his house under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, argued that no incriminating material was found on him, cited a similar co-accused who was granted bail, and alleged non‑compliance with Section 103 of the B.N.S.S. He also disclosed two prior criminal antecedents and had been in custody since 7 January 2026. The State opposed bail, emphasizing the petitioner’s prior similar offences. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and a condition that bail may be cancelled if the petitioner commits a similar offence in the future. The application was allowed.
Issues considered
- Whether bail should be granted despite the recovery of illicit liquor and the petitioner’s criminal antecedents.
- Whether the alleged procedural lapse under Section 103 of the B.N.S.S. warrants denial of bail.
- Whether the bail granted to a co‑accused in a similar case is determinative for the petitioner’s bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103
Subjects
- bail
- prohibition law
- illicit liquor
- criminal antecedents
- procedural lapse
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23864 of 2026
Arising Out of PS. Case No.-891 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Ashok Chaudhary S/o Late Shital Chaudhary R/o Village- Sariswa Bazar, P.S-
Majhauliya, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Ranjan Garg, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Learned counsel for the petitioner submits that the
criminal antecedents of the petitioner has been disclosed in
paragraph no. 3 of the bail petition; hence, he prays for ignoring
the defect pointed out by the office.
3. In view of the aforesaid submission, the defect
pointed out by the office is ignored and the matter is taken up
for admission.
4. The petitioner has preferred this application for
grant of regular bail in connection with Majhauliya P.S. Case
No. 891 of 2025 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.23864 of 2026(2) dt.07-05-2026
2/3
5. As per the prosecution case, 20.05 litres of illicit
liquor was recovered from the house of the petitioner.
6. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has further been submitted that the petitioner
was not apprehended from the spot and no incriminating
material was recovered from his possession. Moreover, similarly
situated co-accused has already been granted bail by a
Coordinate Bench of this Court vide order dated 27.02.2026
passed in Cr. Misc. No. 14851 of 2026. It has also been
submitted that the recovery was made from the joint house of
the petitioner, where other family members also reside. It has
also been submitted that the procedure prescribed under Section
103 of the B.N.S.S. has not been followed. The charge sheet has
been filed in this case. Lastly, it has been submitted that the
petitioner has got two criminal antecedents in which he is on
bail and he is in custody since 07.01.2026.
7. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submitted that the
petitioner has two criminal antecedents of similar nature of
offence.
8. Heard the parties and perused the record.
Patna High Court CR. MISC. No.23864 of 2026(2) dt.07-05-2026
3/3
9. Considering the above facts and circumstances of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, West Champaran, in connection with
Majhauliya P.S. Case No. 891 of 2025, with condition(s):-
(i) If the petitioner’s involvement
is found in similar nature of offence in the
future, the prosecution will be at liberty to
move for cancellation of his bail bonds.
10. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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