Patna High Court
Chandan Chaudhary @ Chandan ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs 10,000 with two sureties, subject to specified conditions.
Summary
Chandan Chaudhary was arrested on 29 January 2026 in connection with an excise case alleging the recovery of 10 litres of illicit country‑made liquor from his residence, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that the FIR was false, that he was not apprehended at the scene, and that he had not committed any offence. The State opposed bail, noting that the petitioner was involved in six similar cases, five of which were already on bail and one pending. The Court considered the facts, the petitioner’s claim of fabrication, and the pending cases, and ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount, subject to conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail bond was to be issued to the Exclusive Special (Excise) Judge‑I, Saharsa, without delay for verification.
Issues considered
- The applicability of bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s claim of a fabricated FIR and lack of presence at the scene warrants bail.
- The impact of the petitioner’s other pending excise cases on the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- fabricated FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27279 of 2026
Arising Out of PS. Case No.-31 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Saharsa
======================================================
Chandan Chaudhary @ Chandan Choudhary S/o Priyavrat Choudhary @
Pirvat Chaudhary R/o Village - Safabad Ward No. 4, P.S- Bangaon, District -
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 RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr.Amarnath Jha, learned counsel for the
petitioner and Mr.Arun Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
29.01.2026 in connection with Saharsa Excise Case No. 31 of
2020-Saharsa Special Excise Case No.125/2020, F.I.R. dated
02.03.2020 registered for the offence punishable under Section
30(a) of Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 10 liters of illicit country made
liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that altogether 10 liters of illicit country made liquor was
recovered from the house of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.27279 of 2026(2) dt.22-04-2026
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the petitioner submits that the allegation as alleged in the FIR is
false and fabricated and the petitioner has not committed any
offence as alleged in the FIR and petitioner was not
apprehended at the place of occurrence and petitioner is in
custody since 29.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
six more cases other than the present one of similar nature but
he fairly submits that out of six cases, the petitioner is on bail in
five cases and rest one case is pending for consideration before
the competent court of law, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid fact, 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 learned Exclusive Special (Excise)
Judge-I, Saharsa in connection with Saharsa Excise Case No. 31
of 2020-Saharsa Special Excise Case No.125/2020,with the
following conditions:-
(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
Patna High Court CR. MISC. No.27279 of 2026(2) dt.22-04-2026
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on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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