Created by Fuzzy Cloud

Patna High Court

Bhikhari ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29394 of 2026(2) dt.07-05-2026
                                            2/4




                        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
Patna High Court CR. MISC. No.29394 of 2026(2) dt.07-05-2026
                                            3/4




                        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
            Patna High Court CR. MISC. No.29394 of 2026(2) dt.07-05-2026
                                                        4/4




                                   under Section 438 (2) of the Code of Criminal

                                   Procedure.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.