Babulal ChaudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26374 of 2026
                   Arising Out of PS. Case No.-347 Year-2025 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Babulal Chaudhary Son of Late Lakhan Chaudhary Resident of Village -
                 Janakpur Pokhrapar, P.S. - Nabinagar, District - Aurangabad (Bihar), PIN -
                 824301

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                  Heard Mr. Pramendra Kumar Singh, learned counsel

                   for the petitioner and Mr. Sanjay Kumar Sharma, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.03.2026 in connection with Navinagar P.S. Case No.

                   347/2025, F.I.R. dated 07.12.2025 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 15 liters of country made liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. Learned counsel submits that the name of the

                   petitioner has come in the disclosure made by the co-accused

                   person, namely, Chintu Kumar, who has been granted regular
Patna High Court CR. MISC. No.26374 of 2026(2) dt.20-04-2026
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          bail by the co-ordinate Bench of this Hon’ble Court vide order

          dated 27.01.2026 passed in Cr. Misc. No. 4508/2026. He further

          submits that it appears from the F.I.R. as well as seizure list that

          nothing has been recovered from the conscious possession of

          the petitioner. The seizure list witnesses are police personnel

          and there is non-compliance of Sections 103 and 105 of the

          BNSS. He further submits that the police after investigation

          submitted the charge sheet against the petitioner. The petitioner

          is in custody since 17.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries eight criminal antecedent but

          fairly submits on the basis of paragraph-3 of the bail application

          that the petitioner is on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          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 Court of

          District and Additional Sessions Judge-cum-Exclusive Special

          Judge, Excise Court No. 1, Aurangabad in connection with

          Navinagar P.S. Case No. 347/2025, subject to the following

          conditions:-
             Patna High Court CR. MISC. No.26374 of 2026(2) dt.20-04-2026
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                                     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

                       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)
atul/-

U        T