Patna High Court
Dashrath Caudhary @ Dasrath ChawdhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Dashrath Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 5 litres of country-made liquor. He claimed innocence, asserted that he had been falsely implicated, and noted that he had two prior criminal antecedents while being in custody since 23 March 2026. The State opposed his regular bail application. The court, after considering the facts and circumstances, granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the police station every Sunday. Failure to comply with the attendance condition would result in cancellation of the bail.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act despite prior criminal antecedents
- Whether the conditions imposed (bond and weekly police attendance) are sufficient to ensure the accused's compliance
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- illegal liquor
- regular bail
- criminal antecedents
- court conditions
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26004 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- Pahelja P.S. District- Saran
======================================================
Dashrath Caudhary @ Dasrath Chawdhari S/O Late Laxmi Chaudhary R/O
Vill.- Saidpur Chakdariya, P.S.- Pahleja, Dist.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Pahleja P.S. Case No. 68/2026 registered for the offences
punishable under Sections 30(a) of Bihar Prohibition & Excise
Act.
3. As per the prosecution case, recovery is of 5 litres
of country-made liquor from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
two criminal antecedents and he is in custody since 23.03.2026.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.26004 of 2026(2) dt.20-04-2026
2/2
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge Excise 2nd, Saran at
Chapra /concerned Court below in connection with Pahleja P.S.
Case No. 68/2026.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Pahleja Police Station, District- Saran at Chapra on every
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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