Patna High Court
Nagina ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioners subject to a bond of ₹30,000 each and compliance with the conditions of Sections 2(1)(d) and 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Nagina Chaudhary and Chandan Chaudhary, were apprehended in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 22.7 litres of Indian Made Foreign Liquor seized from a house they jointly occupied. They contended that they had no conscious possession of the liquor, that the seizure was from the joint house, and that they possessed a clean criminal record. The State opposed bail, emphasizing the seriousness of the excise offence. The Court, after considering the petitioners' clean antecedent and the circumstances of the seizure, ordered that bail be granted upon furnishing a bond of ₹30,000 each, subject to conditions under Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directed the petitioners to surrender to the Special Judge, Excise‑I, Gaya within four weeks if arrested.
Issues considered
- Whether bail should be granted to the accused under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of the seizure and the petitioners' clean antecedent justify bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- excise offence
- prohibition law
- Indian Made Foreign Liquor
- criminal procedure
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26934 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- ATRI District- Gaya
======================================================
1. Nagina Chaudhary S/o Ramishwar Chaudhary R/o Village - Sahora, P.S.-
Atri, District- Gaya.
2. Chandan Chaudhary @ Maliya @ Chandan Kumar S/o Ramishwar
Chaudhary R/o Village - Sahora, P.S.- Atri, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned Counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Atri P. S. Case No. 67 of 2026 registered on
22.02.2026 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 22.700 liters
of Indian Made Foreign Liquor, is the subject matter of the
present case.
4. It is submitted by the learned counsel for the
petitioners that the petitioners are innocent and have committed
no offence. In fact, nothing has been recovered from he
Patna High Court CR. MISC. No.26934 of 2026(2) dt.22-04-2026
2/2
conscious possession of the petitioner rather the alleged
recovery has been made from the joint house of the petitioner.
The petitioner has no concern with the alleged place of seizure.
The petitioner has a clean criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioners be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) each as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise-I, Gaya Jee, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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