Patna High Court
Bhikhari ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Bhikhari Chaudhary, was named in a police case alleging that he was involved in manufacturing and storing illicit country-made liquor at his residence, leading to the seizure of 52 litres of liquor and related equipment. He applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, arguing that he has no prior criminal record, that the liquor was recovered from an open, public area rather than from his direct possession, and that a co‑accused in the same case had already been granted anticipatory bail. The court examined the facts, the clean antecedent of the petitioner, and the precedent of bail being granted to a similarly situated co‑accused. Considering these factors, the court was inclined to grant anticipatory bail. The application was allowed, directing that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC. The order was pronounced by Justice Anil Kumar Sinha of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case of alleged illicit liquor manufacturing under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29394 of 2026
Arising Out of PS. Case No.-139 Year-2026 Thana- MUFFASIL District- West Champaran
======================================================
Bhikhari Chaudhary S/O Lalmohan Chaudhary R/O vill - Karnameya,, Ward
no.- 7, P.S - Bettiah Muffasil, Dist- West Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Ranjan Garg
Mr. Abhishek Raj
Mr. Ankesh Kumar Sinha
For the State : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail
arises out of Bettiah Muffasil Police Station Case No.
139 of 2026, dated 28.03.2026, disclosing offence
under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. That the prosecution case, as per the First
Information Report, is that on 27.03.2026, during
night patrolling, the police received secret information
that the petitioner along with other accused person are
manufacturing and storing countrymade illicit liquor
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in their house. Upon the information, the police party
with the Mahal Chaukidar reached at the place of
occurrence and saw two persons fleeing away after
seeing the police party whose name was disclosed by
local villagers and chaukidar as Bhikhari Choudhary
(petitioner) and Munna Choudhary. On search of the
house, about 52 litres of countrymade liquor, liquor-
making equipment, gas cylinder, gas stove and other
articles used for manufacturing liquor were recovered
and seized. The police also destroyed about 250 litres
of raw material used for preparation of liquor.
4. Learned counsel for the petitioner submits that the
petitioner is having clean antecedent and has not
committed any offence in the manner alleged. The
petitioner has been made accused on the basis of
disclosure of his name by the local chowkidar. He
next submits that illicit liquor has not been recovered
from conscious possession of the petitioner and/or
premises belonging him and from perusal of the
seizure list it would be evident that the place from
where illicit liquor has been recovered is mentioned as
village Kasmaiya Ward No. 07, which is not a specific
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place, rather an open space accessible to all and
sundry. He further submits that similarly situated co-
accused Munna Kumar @ Munna Choudhary has
been granted anticipatory bail by a Co-ordinate Bench
of this Court in Cr. Misc. No. 28069 of 2026.
5. Regards being had to the submission made by the
parties and taking into consideration the fact that the
petitioner is having no criminal antecedent, illicit
liquor has been recovered from an open space
accessible to all and sundry and similarly situated co-
accused persons has been granted anticipatory bail by
a Co-ordinate Bench of this Court, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within
four weeks, 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 Special Judge, Excise 1st, Bettiah, in
connection with Bettiah Muffasil Police Station Case
No. 139 of 2026, subject to the condition laid down
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under Section 438 (2) of the Code of Criminal
Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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