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Patna High Court

Nagendra Chaudhary @ Nagendar ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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