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Patna High Court

Ajay Chaudhary @ Ajay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner is entitled to pre‑arrest bail as he has made out a prima facie case of innocence and is not a licencee or participant in the alleged illicit liquor preparation.

Summary

The petitioner, Ajay Chaudhary, was implicated in G.O. Case No.558 of 2015 for alleged offences under Section 47(A)(F) of the Excise Act, with police seizing 300 kg of illicit liquor. He applied for pre‑arrest bail, asserting that he is neither a licencee nor involved in the preparation of country‑made liquor at the relevant time. The State opposed the bail, but the court noted the petitioner’s lack of direct involvement and found a prima facie case for bail. Relying on Sections 438(2) of the Criminal Procedure Code and 482(2) of the Bihar Non‑Uniform Special (BNSS) Act, the court ordered his release on bail if arrested within four weeks, subject to a bond and sureties. The order also directed verification of any other criminal antecedents and stipulated that involvement in a case under Section 30 of the Bihar Prohibition and Excise Act would trigger custody.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case under Section 47(A)(F) of the Excise Act
  • Whether the petitioner’s alleged non‑involvement and lack of licencee status justify bail

Legislation cited

Subjects

  • pre‑arrest bail
  • Excise Act
  • illegal liquor
  • Section 47(A)(F)
  • Section 438
  • Section 482
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25375 of 2026
                   Arising Out of PS. Case No.-558 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Ajay Chaudhary @ Ajay Kumar S/o Rajendra Chaudhary @ Rajo R/o Vill-
                 Jandhaul, P.S.- Sirdalla, Distt- Nawada
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s     :       Mr.Ramesh Chandra, 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. The petitioner seeks pre-arrest bail in connection

                   with G.O.Case No.558 of 2015, registered for the offences

                   punishable under Section 47(A)(F) of Excise Act.

                                3. As per the allegation made in the FIR, the police

                   seized 300 kg. of Jawa maua from the place of occurrence.

                                4. The learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   not committed any offence. Learned counsel further submitted

                   that the petitioner has been falsely implicated in the present case

                   only on suspicion. The petitioner is neither licencee nor he was

                   involved in preparation of country-made liquor at the relevant

                   time under the old Act.
Patna High Court CR. MISC. No.25375 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.

                       6. Having heard the rival submissions of the parties,

          as well as, considering the fact that the petitioner is neither

          licencee nor he was involved in preparation of country-made

          liquor at the relevant time under the old Act, as such, the

          petitioner has prima facie made out a case to be released on

          pre-arrest bail.

                       7. The petitioner is directed to be released on pre-

          arrest bail, in the event of his arrest or surrender before the

          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

          district court where the case is pending in connection with G.O.

          Case No.558 of 2015, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

                       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
            Patna High Court CR. MISC. No.25375 of 2026(2) dt.22-04-2026
                                                        3/3




                      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

                      custody in accordance with law.



                                                (Purnendu Singh, J)
chn/-
U       T


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