Patna High Court
Umesh ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Umesh Chaudhary was arrested in connection with Excise P.S. Case No. 188C2 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 2 litres of illicit liquor were recovered from a sack. The petitioner claimed he was innocent and that no liquor was found in his conscious possession. The State opposed regular bail, arguing the seriousness of the offence. The Patna High Court, considering the modest quantum of the seizure and the circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. The court clarified that its order was limited to bail and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused is not found in possession of the illicit liquor.
- Whether the recovery of 2 litres of illicit liquor justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29411 of 2026
Arising Out of PS. Case No.-188 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Umesh Chaudhary S/o Haricharan Chaudhary Resident of Village-
Bakiyasurari Ward No. 6, P.S. - Halsi, Distrct- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shaukat Alam, Advocate
For the State : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 188C2 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of 2
litres of illicit liquor from a sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from the conscious
possession of the petitioner.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.29411 of 2026(2) dt.11-05-2026
2/2
6. Considering the quantum of recovery and also the
fact and circumstances of the case, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge VIIth-cum- Exclusive Special Excise
Court-IInd, Lakhisarai/concerned Court below in connection
with Excise P.S. Case No. 188C2 of 2026.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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