Patna High Court
Vijay Choudhari @ Karu ChoudhariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding no sufficient ground to deny bail.
Summary
The petitioner, Vijay Choudhari, was arrested under Section 37 of the Bihar Prohibition and Excise Act on allegations of being intoxicated. He claimed innocence, asserting that he was not intoxicated and that the case was fabricated due to his prior excise-related cases. The State opposed his request for regular bail. After hearing both sides, the court considered the circumstances and the lack of concrete evidence of intoxication. The court ordered the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Assistant Chief Judicial Magistrate, Lakhisarai.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 37 of the Bihar Prohibition and Excise Act despite the allegations of intoxication.
Legislation cited
- Bihar Prohibition and Excise Act — s. 37
Subjects
- bail
- excise law
- intoxication
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28312 of 2026
Arising Out of PS. Case No.-145 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Vijay Choudhari @ Karu Choudhari S/o- Late Dukho Choudhri Village-
Purani Bazar Santar Mohalla ward no- 13 PS-Lakhisarai, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Chandra, Advocate
For the Opposite Party/s : Ms.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 37 of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that the
petitioner was apprehended in state of intoxication.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that the petitioner was not in
intoxicated condition. It has further been submitted that
petitioner is having criminal antecedent of four cases of Excise
Act that is why he has been framed in this case. Nothing has
Patna High Court CR. MISC. No.28312 of 2026(2) dt.06-05-2026
2/2
been recovered from his possession. He is languishing in judicial
custody since 09.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Lakhisarai Excise P.S. Case No. 145C2 of 2026 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned A.C.J.M.,
Lakhisarai.
(Ashok Kumar Pandey, J)
lata/-
U T
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