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Patna High Court

Pradeep ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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