Patna High Court

Rajesh Kumar ChaudhariversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Petitioner Rajesh Kumar Chaudhari applied for anticipatory bail in a case (Tikapatti P.S. Case No.92 of 2025) where the police recovered 12.5 litres of illicit country-made liquor from a motorcycle. The petitioner argued that he had sold the motorcycle to another person in 2022, had no connection with the liquor, and that the seizure did not follow the procedure under Section 103 of the B.N.S.S. He also highlighted his clean antecedent. The State opposed the bail. The Court, noting that the liquor was not found in the petitioner’s possession or in a vehicle he owned and considering his clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the alleged procedural lapse in seizure under Section 103 of the B.N.S.S. affects the bail application.
Whether the petitioner’s prior sale of the vehicle and lack of possession of the illicit liquor justify granting bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
B.N.S.S., 2023 — s. 103, 482(2)

Subjects

anticipatory bail
illicit liquor
section 30
section 103
section 482
procedural lapse
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27739 of 2026
                       Arising Out of PS. Case No.-92 Year-2025 Thana- TIKAPATTI District- Purnia
                 ======================================================
                 Rajesh Kumar Chaudhari S/o Kailash Chaudhary Resident of Mohanpur, P.S.-
                 Mohanpur, District- Purnea                     ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Fazle Karim
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   06-05-2026                     Heard learned counsel for the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Tikapatti P.S. Case No.92 of 2025, F.I.R dated

                   23.06.2025, registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, the police recovered

                   12.50 litres of country-made liquor from a sack kept on a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   recovery of the country-made liquor was made from a

                   motorcycle, and the petitioner has no concern either with the

                   said vehicle or the illicit liquor. It is further submitted that the

                   petitioner had sold the said vehicle to one Binod Kumar Sah on

                   28.01.2022. It is also contended that there is no independent

                   witness to the seizure list, and the procedure prescribed under

                   Section 103 of the B.N.S.S. has not been followed. It has lastly

                   been submitted that the petitioner has a clean antecedent and is
           Patna High Court CR. MISC. No.27739 of 2026(3) dt.06-05-2026
                                                       2/2




                     ready to abide by the terms and conditions in case the privilege

                     of anticipatory bail is extended in his favour.

                                  5. Learned APP for the State opposes the prayer for

                     anticipatory bail application.

                                  6. Regard being had to the submissions made by the

                     parties, and taking into consideration the fact that the illicit

                     liquor has not been recovered from the conscious possession of

                     the petitioner or from a vehicle owned by him, and further that

                     the petitioner has a clean antecedent, this Court is inclined to

                     grant anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today on

                     furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned Exclusive Special Judge, Excise, Court No.2, Purnea, in

                     connection with Tikapatti P.S. Case No.92 of 2025 subject to

                     the condition as laid down under Section 482(2) of the B.N.S.S.,

                     2023.



                                                                   (Ajit Kumar, J)
shikha/-

U

Continue reading with your account

Checking your session…