Patna High Court
Amar Chaudhary @ DomaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Instruments Act (BNSS) — s. 103
- Code of Criminal Procedure, 1973 — s. 100
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
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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
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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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