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Patna High Court

Vijay Choudhary @ Vikash Kumar Chaudhary @ Vikash ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner upon the condition of furnishing a bail bond and sureties.

Summary

The petitioner, Vijay Choudhary, was arrested in connection with the alleged recovery of 168.75 litres of liquor from an auto, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not in possession of the liquor, was not the owner of the vehicle, and was implicated due to a personal dispute with the chowkidar who made the complaint. The petitioner had been in custody since March 1, 2026, and sought bail, assuring the court of his cooperation and that he would not abscond. The State opposed the bail application. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount, to be satisfied by the trial court where the case is pending.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the circumstances of the case

Subjects

  • bail
  • excise
  • prohibition
  • criminal procedure
  • Section 30(a)
  • India

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26765 of 2026
                       Arising Out of PS. Case No.-27 Year-2026 Thana- SAKRI District- Madhubani
                 ======================================================
                 Vijay Choudhary @ Vikash Kumar Chaudhary @ Vikash Chaudhary S/o Late
                 Pramod Choudhary R/o Village - Sakri Purani Bazar, P.S- Sakri, District -
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Pallavi
                 For the Opposite Party/s :       Ms. Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 168.750 litres of liquor from an auto.

                   It is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and is not the owner of the seized auto and he came to be

                   implicated at the instance of chowkidar with whom he is on an

                   inimical term. It is next submitted that petitioner is in custody
             Patna High Court CR. MISC. No.26765 of 2026(2) dt.24-04-2026
                                                         2/2




                       since 01.03.2026. It is also submitted that if privilege of bail is

                       granted to the petitioner, the petitioner will not abscond rather

                       will cooperate in the trial to prove his innocence.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.5000/- (Rupees five thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with Sakri P.S.

                       Case No.27 of 2026.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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