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Patna High Court

Jhapas Chaudhary @ Japas ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25356 of 2026(2) dt.16-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.25356 of 2026(2) dt.16-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.25356 of 2026(2) dt.16-04-2026
                                                       4/4




                     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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