Patna High Court
Nagendra Chaudhary @ Nagendar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Nagendra Chaudhary was arrested in connection with the alleged possession of 10 litres of illicit country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent, asserted that no liquor was recovered from his possession, and argued that the police seizure violated Section 105 of the B.N.S.S. He had been in judicial custody since 19 March 2026. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the High Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the 2nd Exclusive Special Excise Judge, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. in making the seizure affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent bars the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28940 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- SAHAJITPUR District- Saran
======================================================
Nagendra Chaudhary @ Nagendar Chaudhary S/o Megha Chaudhary @
Megha Chaudhry R/o Village - Sahajitpur, Police Station - Sahajitpur, District
- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankur Prakash Sinha, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 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 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the possession of the petitioner, altogether 10 liters of illicit
country made liquor was recovered.
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. Nothing has been recovered
from his possession. He has no concern with the alleged liquor. It
has further been submitted that the witnesses of the seizure list
Patna High Court CR. MISC. No.28940 of 2026(2) dt.05-05-2026
2/2
are police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. Petitioner is languishing in
judicial custody since19.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of one
case.
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
Sahajitpur P.S. Case No. 81 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 2nd Exclusive Special Excise
Judge, Saran at Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
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