Patna High Court
Puna ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the BNSS 2023.
Summary
Petitioner Puna Chaudhary was implicated in a case (Nokha PS Case No.54 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for alleged involvement in the seizure of 35 litres of illicit liquor. The FIR alleged the liquor was seized from various parts of the village, but none was recovered from the petitioner’s possession. The petitioner applied for pre‑arrest bail, claiming innocence and political victimisation. The State opposed the bail. The High Court, noting the lack of material seized from the petitioner, granted pre‑arrest bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS 2023 and a verification of the petitioner’s criminal antecedents. The order also stipulated that bail would be revoked if the petitioner is found involved in any other case under the same provision.
Issues considered
- Whether pre‑arrest bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 where no contraband was found in the petitioner’s possession.
- Whether the conditions imposed under Section 482(2) of the BNSS 2023 are appropriate for the grant of pre‑arrest bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS of 2023 — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition Act
- Section 30
- Section 482
- bail conditions
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25354 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- NOKHA District- Rohtas
======================================================
Puna Chaudhary Son of Jagu Chaudahry R/o - Village - Shivpur, P.S. - Nokha,
Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Nokha P.S.Case No.54 of 2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2018.
3. As per the allegation made in the FIR, the police
seized total 35 ltrs. illicit liquor (5 ltrs.+25 ltrs.+5 ltrs.) from the
different parts of the village.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and due to
the village politics, he has been made accused in the present
case. Nothing has been recovered from the possession of the
petitioner or any place of the petitioner.
Patna High Court CR. MISC. No.25354 of 2026(2) dt.22-04-2026
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5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, considering the fact that nothing has
been recovered from the possession of the petitioner, the
petitioner is directed to be released on pre-arrest bail, in the
event of his arrest or surrender before the learned district court
within a period of four weeks from today, 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-II, Sasaram, Rohtas/concerned court, in
connection with Nokha P.S.Case No.54 of 2026, subject to
conditions as laid down under Section 482(2) of BNSS of 2023.
7. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
8. If the petitioner is again found to be involved in any
case instituted under Section 30 of the Bihar Prohibition and
Excise Act, the Superintendent of Police must direct the
Investigating Officer concerned to take the petitioner into
Patna High Court CR. MISC. No.25354 of 2026(2) dt.22-04-2026
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custody in accordance with law.
(Purnendu Singh, J)
chn/-
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