Patna High Court
Pradeep ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner as no incriminating article was found in his possession and the circumstances did not warrant continued detention.
Summary
Petitioner Pradeep Chaudhary was arrested in connection with the recovery of 385 litres of illicit liquor from a canal and 11 litres from a seized vehicle, alleged to be offences under Section 111(3) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that no incriminating article was found in his possession, that he was merely the driver of the vehicle, and that the liquor was recovered from a public place, making his implication purely speculative. The State opposed bail, arguing the seriousness of the offences. The Court examined the lack of direct evidence linking the petitioner to the liquor and considered the period of custody since 21‑02‑2026. Concluding that the petitioner was not in possession of any contraband and that the circumstances did not justify continued detention, the Court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in the absence of any incriminating article recovered from his possession.
- Whether the petitioner’s alleged involvement as driver suffices to justify continued custody under Sections 111(3) of the B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 111(3)
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- criminal procedure
- Section 111(3)
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24672 of 2026
Arising Out of PS. Case No.-633 Year-2024 Thana- HISUWA District- Nawada
======================================================
Pradeep Chaudhary S/o Krishna Chaudhary @ Krishna Chaudhari Resident of
Village- Pranpur, P.S.- Wazirganj, District- Gayajee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Krishna Deo Raj, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-05-2026 Heard Mr. Krishna Deo Raj, learned counsel for the
petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the
State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 111(3) of the B.N.S. and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 385 liters illicit liquor was
recovered from a canal and 11 liters illicit liquor was recovered
from the seized car.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
No incriminating article has been recovered from conscious
possession of this petitioner and he has falsely been implicated
in this case merely on suspicion. Petitioner is neither owner nor
Patna High Court CR. MISC. No.24672 of 2026(2) dt.06-05-2026
2/2
driver of the seized vehicle and rest of the liquor was recovered
from an open place, which is accessible to one and all.
Moreover, charge-sheet has already been submitted and
petitioner is in custody since 21.02.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of this petitioner and period of custody, the prayer
for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-I,
Nawada in connection with Hisua P.S. Case No. 633 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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