Patna High Court
Jai Kishore ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to bond and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Jai Kishore Chaudhary, applied for anticipatory bail in a case registered under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act, alleging that 20 litres of illicit liquor were seized from an orchard. The prosecution’s case is based primarily on a confessional statement of co‑accused Sipahi Kumar, which the petitioner’s counsel contended lacks evidentiary value and amounts to false implication. The petitioner also argued that the search and seizure violated Section 103 of the BNSS and that he is already on bail in three similar cases. The State opposed the bail, insisting that the allegations merit prosecution. After considering the material, the court granted anticipatory bail, subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the accusation rests on a co‑accused’s confessional statement lacking corroborative evidence.
- Whether the search and seizure conducted violated Section 103 of the BNSS.
- Whether the petitioner is liable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 37
- BNSS — s. 103
Subjects
- anticipatory bail
- confessional statement
- search and seizure
- Bihar Prohibition and Excise Amendment Act
- Bhartiya Nagrik Suraksha Sanhita
- BNSS
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27788 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Jai Kishore Chaudhary Son of Late Ramchandra Chaudhari Resident of
Village - Sonbal Bazar, P.S.- Malahi, District - East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Malahi P.S. Case No. 278 of 2025, registered for the offence
punishable under Sections 30(a) and 37 of the Bihar Prohibition
and Excise Amendment Act.
3. As per allegation, from the orchard of one Tahir
Mian, 20 liters of country made liquor has been recovered.
4. It has been submitted by learned counsel for the
petitioner that the name of the petitioner has surfaced in this
case on the basis of confessional statement of co-accused Sipahi
Kumar. It has further been submitted that the petitioner is in no
way connected with the said orchard. It has also been submitted
that though the petitioner has been made accused in three other
cases of similar nature, but he is on bail and that is the reason
Patna High Court CR. MISC. No.27788 of 2026(3) dt.13-05-2026
2/2
for false implication of the petitioner by the local police in the
present case thorough confessional statement of co-accused,
which has got no evidentiary value. The search and seizure is in
violation of Section 103 BNSS.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, 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
the learned Exclusive Special Excise Court-1, East Champaran,
Motihari, in connection with Malahi P.S. Case No. 278 of 2025,
subject to the conditions as laid down under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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