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Patna High Court

Amar Chaudhary @ DomaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond and specified conditions.

Summary

Amar Chaudhary was arrested on 24 February 2026 in connection with an FIR dated 16 January 2026 alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the recovery of 200 litres of illicit country-made liquor. The petitioner contended that the liquor was recovered from a co‑accused, Rahil Shah, and that he was falsely implicated based only on suspicion and his prior criminal record. He also argued that the procedural requirements of Section 100 of the Criminal Procedure Code/Section 103 of the Bihar Negotiable Instruments Act were not complied with. The prosecution opposed bail, highlighting seven prior criminal antecedents, though noting the petitioner was already on bail in other pending matters. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the alleged facts and his prior criminal antecedents.
  • Whether the procedural requirements of Section 100 of the Criminal Procedure Code (and Section 103 of the BNSS) were complied with in the petitioner's arrest.
  • Whether the existence of multiple prior criminal convictions precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illicit liquor
  • criminal antecedents
  • Section 30(a)
  • CrPC Section 100
  • BNSS Section 103
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25231 of 2026
                         Arising Out of PS. Case No.-11 Year-2026 Thana- R S P.S. District- Araria
                 ======================================================
                 Amar Chaudhary @ Doma Son of Panch Lal Chaudhary Resident of village -
                 Majkuri, Ward No.- 04, P.S.- R.S., Dist.- Araria

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-04-2026                        Heard Mr. Ramesh Kumar Singh, learned counsel

                   for the petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   24.02.2026 in connection with R.S. P.S. Case No. 11 of 2026,

                   F.I.R. dated 16.01.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 200 liters of illicit country made

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case merely on the basis of suspicion. He further

                   submits that it appears from the F.I.R. as well as seizure list that

                   nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.25231 of 2026(2) dt.16-04-2026
                                            2/3




          petitioner rather recovery has been made from the possession of

          co-accused, namely, Rahil Shah. As per allegation in the FIR the

          petitioner escaped from the place of occurrence and he has been

          made accused in the present case due to his previous criminal

          antecedents of similar nature. He further submits that there is

          non-compliance of Section 100 of Cr.P.C/103 of BNSS and the

          petitioner is in custody since 24.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries seven criminal antecedents other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Exclusive

          Special Judge Excise-I, Araria/Concerned Court in connection

          with R.S. P.S. Case No. 11 of 2026, subject to the following

          conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.25231 of 2026(2) dt.16-04-2026
                                                        3/3




                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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