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Patna High Court

Jai Kishore ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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