Patna High Court
Parma ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail.
Summary
Parma Chaudhary applied for pre‑arrest bail after a FIR alleged that 14 litres of illicit liquor were recovered from his house, violating Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, citing a clean criminal record and the possibility that a family member concealed the liquor in the joint family home. The State opposed the bail, but the court noted the lack of prior offences and the prima facie case for release. Relying on Section 482(2) of the BNSS, the court granted pre‑arrest bail subject to a bond of Rs.10,000 and two sureties. The order also directed the district court to verify any other criminal antecedents, which could nullify the bail if found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s clean antecedent and joint‑family circumstances justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- joint family
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29471 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- DHANGAI District- Gaya
======================================================
Parma Chaudhary Son of Late Rameshi Chaudhary Resident of Village-
Imaliya Tand, Bhediya, P.S.- Barachatti, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Ms.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-05-2026 Heard Mr. Gajendra Kumar Singh, learned counsel
appearing on behalf of the petitioner and Ms. Sangeeta Sharma,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Dhangai P.S. Case No. 31 of 2026 registered for the
offence(s) punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 14 litres of
illicit liquor was recovered from the house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that the petitioner resides in a joint family and some
other family member may have concealed the liquor in the
Patna High Court CR. MISC. No.29471 of 2026(2) dt.06-05-2026
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house. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that the petitioner, who has clean
antecedent, resides in a joint family and some other family
member may have concealed the liquor in the house and also the
fact that the State has failed to implement its liquor policy in its
true spirit, I am of the opinion that petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Dhangai P.S. Case No. 31 of 2026,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
Patna High Court CR. MISC. No.29471 of 2026(2) dt.06-05-2026
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petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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