Patna High Court
Jhapas Chaudhary @ Japas ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Jhapas Chaudhary, was arrested on 7 February 2026 in connection with a case alleging possession of 33.185 litres of foreign liquor seized from a house that he does not own, in violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The prosecution’s case relied on a co‑accused, Munna Kumar, who identified the petitioner after being apprehended during a police raid. The petitioner argued that the seizure was not compliant with mandatory provisions of Sections 103 and 105 of the BNSS, 2023, and that the house was not his property, while also noting that the co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s alleged prior criminal case. The Court, noting the co‑accused’s bail and the procedural deficiencies, ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay pending verification.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of liquor from a house he does not own.
- Whether the seizure complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- ownership
- criminal antecedent
- Bihar Prohibition and Excise Amendment Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25356 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- Bhelahi District- East Champaran
======================================================
Jhapas Chaudhary @ Japas Chaudhary S/o Late Mangal Pasi Resident of
village - Bhelahi, P.S - Bhelahi, District - East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.02.2026 in connection with Bhelahi P.S. Case No. 28 of 2025
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act.
3. The prosecution story, in brief, is that on
12.03.2025 at about 22.40 hours on the basis of secret
information the informant alongwith police reached at the house
of the petitioner and seeing the police two persons started
fleeing away from back side of the house and on chase one of
them was arrested who disclosed his name as Munna Kumar
who also disclosed the name of the person who fled away as the
petitioner. On search total 33.185 liters foreign liquor was
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recovered from the house of the petitioner. According Seizure
list was prepared.
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that altogether 33.185
liters of liquor was recovered from the house of the petitioner
and one Munna Kumar was apprehended who had disclosed that
the person who has escaped from the place of occurrence was
petitioner. Learned counsel for the petitioner further submits
that although the prosecution has shown that the recovery has
been made from the house of the petitioner but the petitioner is
not the owner of the house in question. Learned counsel for the
petitioner further submits that co-accused person, namely,
Munna Kumar, who has disclosed the name of the petitioner,
has been granted bail vide order dated 12.05.2025 passed in Cr.
Misc. No. 30179 of 2025 by a Coordinate Bench of this Court.
Apart from that seizure list witnesses are police personnel and
there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023 and the petitioner is in custody
since 07.02.2026.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one more case other
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than the present case.
6. Considering the aforesaid facts and circumstances
and the fact that co-accused person, namely, Munna Kumar,
who has disclosed the name of the petitioner, has been granted
bail vide order dated 12.05.2025 passed in Cr. Misc. No. 30179
of 2025 by a Coordinate Bench of this Court, 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 Excise
Court No.-1, East Champaran, Motihari in connection with
Bhelahi P.S. Case No. 28 of 2025, 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
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
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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)
Gaurav Sinha/-
U T
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