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Patna High Court

Puna ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U       T


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