Patna High Court
Guddu Chaudhary @ Guddu ChudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted in the case, subject to the stipulated monetary and attendance conditions.
Summary
Guddu Chaudhary was arrested for possession of 10 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 and has been in custody since 19‑12‑2025, with seven similar cases pending. He applied for regular bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts, period of custody, and the petitioner's undertaking, allowed the bail application. The court ordered his release on bail upon furnishing two sureties of Rs.10,000 each and depositing Rs.25,000 with Ramkrishna Mission Ashrama, subject to verification of receipt and monthly attendance at the police station every Sunday. Non‑compliance would lead to cancellation of bail.
Issues considered
- Whether bail should be granted in a case punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s undertaking to donate a sum to a charitable organization can be imposed as a condition of bail.
- Whether the requirement of monthly attendance at the police station is a valid condition for bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- regular bail
- charitable donation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26545 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Guddu Chaudhary @ Guddu Chudhary S/O Late Dharmnath Chaudhary
Resident of Village- Pratappur (Rampur, P.S.- Awtarnagar, District- Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sharma, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Awatarnagar P.S. Case No. 232
of 2025, registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Amendment Act,
2022.
3. As per the prosecution case, the recovery of 10
litres of illicit country-made liquor have been made from the
possession of the petitioner. The petitioner is in custody since
19.12.2025 and he has been accused in seven more cases of
similar nature.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.26545 of 2026(2) dt.08-05-2026
2/2
bail.
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Awatarnagar P.S.
Case No. 232 of 2025, subject to the following conditions:-
(i) The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand Only)
with Ramkrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chhapra, Bihar and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii) The petitioner shall mark his
attendance at Awatarnagar Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(Sandeep Kumar, J)
sadique/-
U
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