Patna High Court
Durga ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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 Vikash's bail request was withdrawn after his arrest.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
- Bihar Prohibition and Excise Act — s. 30(a), 30(c), 30(d)
- Criminal Procedure Code — s. 438(2), 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.