Patna High Court
Chandan Chaudhary @ Chandan ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a Rs.10,000 bond and two sureties, with a condition of not committing similar offences.
Summary
The petitioner, Chandan Chaudhary, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor seized from a lane outside his house. The prosecution alleged recovery of 10 litres of illicit country-made liquor and 9 litres of illicit foreign liquor. The petitioner claimed innocence, argued that the seizure was not made in compliance with Section 105 of the BNSS, and cited his prior criminal cases as a motive for false implication, while also noting his continued judicial custody since 14 January 2026. The State opposed the bail. After hearing both sides, the court granted bail on a bond of Rs.10,000 with two sureties, imposing the condition that the petitioner not engage in similar offences in the future.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor complied with Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105
- police compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26772 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- Excise P.S. District- Saharsa
======================================================
Chandan Chaudhary @ Chandan Choudhary S/o- Priyavrat Choudhary
Safabad ward No- 11 PS-Bangaon Distt- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Saharsa Excise P.S. Case No. 29 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from
the lane in front of the house of Chandan Choudhary, altogether
10 liters of illicit country-made liquor and 9 liters of illicit
foreign liquor were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.26772 of 2026(2) dt.22-04-2026
2/2
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He also submits that
the petitioner has criminal antecedent of six cases that is why he
has been framed in the present case. Moreover, the petitioner is
languishing in judicial custody since 14.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not indulge himself in similar nature
of offences in future. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Excise Judge-I,
Saharsa in connection with Saharsa Excise P.S. Case No. 29 of
2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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