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Patna High Court

Durga ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that pre‑arrest bail may be granted under Section 438 CrPC for offences under the Bihar Prohibition and Excise Act where the alleged recovery took place in an open public place and the petitioner is not shown to be a flight risk, subject to verification of his criminal antecedent.

Summary

The petitioners Durga Chaudhary and Vikash Chaudhary were implicated in a case alleging recovery of 50 litres of country‑made liquor from the Falgu river, contravening Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise Act. Vikash's bail request was withdrawn after his arrest. Durga sought pre‑arrest bail, claiming false implication and that the liquor was recovered from an open public place. The State opposed the bail. The Court, noting the open‑place recovery and lack of evidence of flight risk, granted Durga pre‑arrest bail on a bond of Rs.10,000 with two sureties, subject to Section 438(2) CrPC, Section 482(2) CrPC, and verification of his criminal antecedent by the District Court. The bail order will lapse if the District Court finds prior criminal cases, and the bail application was disposed of.

Issues considered

  • Whether pre‑arrest bail can be granted under Section 438 CrPC for offences under the Bihar Prohibition and Excise Act.
  • Whether the fact that the alleged liquor recovery occurred in an open public place warrants bail.
  • Whether the petitioner’s alleged false implication and lack of criminal antecedent justify bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • false implication
  • open public place
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29412 of 2026
                       Arising Out of PS. Case No.-125 Year-2026 Thana- BELAGANJ District- Gaya
                 ======================================================
           1.     Durga Chaudhary S/o- Rajendra Chaudhary R/v- Sundarpur Ps- Belaganj
                  Dist- Gaya
           2.    Vikash Chaudhary @ Vikash Kumar Chaudhary S/o- Papu Chaudhary @
                 Pappu chaudhari R/v- Sundarpur Ps- Belaganj Dist- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Rabia Gulnaz, Advocate.
                 For the Opposite Party/s :       Mr.Abhay Kumar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                    At the outset, learned counsel appearing on behalf of

                   the petitioners seeks to withdraw the prayer for bail on behalf of

                   petitioner no.2 Vikash Chaudhary @ Vikash Kumar Chaudhary

                   submitting that the petitioner no.2 has been arrested during the

                   pendency of the bail application.

                                2. In view of the above, the prayer for bail on behalf

                   of petitioner no.2 Vikash Chaudhary @ Vikash Kumar

                   Chaudhary stands dismissed as withdrawn.

                                3. Heard learned counsel appearing on behalf of the

                   petitioner no. 1 and learned APP for the State.

                                4. The petitioner no.1 seeks pre-arrest bail in

                   connection with Belaganj P.S. Case No. 125 of 2026 registered
Patna High Court CR. MISC. No.29412 of 2026(2) dt.06-05-2026
                                            2/3




          for the offence punishable under Sections 30(a), 30(c) and 30(d)

          of the Bihar Prohibition and Excise Act.

                       5. Allegation is of recovery of 50 litres of country

          made liquor from the bank of Falgu river.

                       6. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner has been falsely

          implicated in the case due to enmity. He has no concern either

          with the seized liquor or trade of liquor in any manner. The

          place of recovery is an open place which is accessible to

          anyone.

                       7. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       8. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R. and the fact that the place of recovery is an open place

          which is accessible to anyone, the petitioner no.1 Durga

          Chaudhary is directed to be released on pre-arrest bail, in the

          event of his arrest or surrender before the Court below within a

          period of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of learned District Court where the case

          is pending in connection with Belaganj P.S. Case No. 125 of
           Patna High Court CR. MISC. No.29412 of 2026(2) dt.06-05-2026
                                                       3/3




                     2026, subject to the condition as laid down under Section 438(2)

                     of the Cr.P.C / Section 482 (2) BNSS.

                                  9. The District Court is directed to verify the criminal

                     antecedent of the petitioner no.1 and if it is found that the

                     petitioner no.1 is involved in some other cases as what has been

                     stated in Para-3 of the bail petition, this order will automatically

                     lose its force.

                                  10. The bail application stands disposed of.



                                                             (Purnendu Singh, J)
mantreshwar/-

U      T


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