Patna High Court
Guddu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail may be granted in the circumstances and imposed the specified conditions.
Summary
Guddu Chaudhary was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 1,560 litres of illicit liquor. He has been in custody since 11 February 2026 and has two prior criminal convictions. He filed an application for regular bail, offering to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts, the period of custody and the petitioner’s undertaking, allowed the bail, directing a bond of Rs 10,000 with two sureties and imposing conditions of the charitable donation and monthly police‑station attendance. The court clarified that its observations are prima facie and do not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior convictions
- Whether the conditions imposed, including a charitable donation and regular police‑station attendance, are lawful and appropriate
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- charitable donation condition
- police attendance condition
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25050 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- Sinha District- Bhojpur
======================================================
Guddu Chaudhary S/O Prahalad Chaudhary Resident of Village - Naviganj
Bintolli, Police Station-Bhagawan Bazar, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Sinha P.S. Case No. 10 of 2026,
registered for offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 1560 liters of illicit
liquor have been recovered from the vehicle in question. The
petitioner is in custody since 11.02.2026 and have two criminal
antecedents.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.25050 of 2026(2) dt.16-04-2026
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5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Sinha P.S. Case No.
10 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Bhagawan Bazar Police Station on
every Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.25050 of 2026(2) dt.16-04-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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