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Patna High Court

Alok Kumar @ Alok Chaudhary @ Alok ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to the conditions imposed by the Court.

Summary

The Patna High Court considered a bail application filed by Alok Kumar, who had been in custody since 11 February 2026 in connection with a case alleging possession of 42.78 litres of illicit liquor under Section 30(a) of the Bihar Prohibition & Excise Act, 2022. The petitioner argued that the liquor was seized from the house of other individuals, that he was already in judicial custody for a different case at the time of the alleged offence, and that no contraband was found in his possession, asserting his innocence. The State opposed bail, noting two other similar cases pending against the petitioner, but acknowledged that he was already on bail in those matters. The Court examined the lack of direct evidence linking the petitioner to the seized liquor and the fact that he was not in physical possession of the contraband. Considering these circumstances, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Judge Excise, Saran.

Issues considered

  • Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2022 when no material is recovered from the accused
  • Whether the petitioner’s prior custodial status and pending cases affect the bail decision

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • criminal antecedent
  • seizure
  • excise
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29661 of 2026
                    Arising Out of PS. Case No.-5 Year-2026 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Alok Kumar @ Alok Chaudhary @ Alok Chaudhari S/o Late Shivjee
                 Chaudhary R/o Village - Nai Bazar, P.S - Bhagwan Bazar, District - Saran at
                 Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Ajit Kumar Singh, Advocate
                 For the State           :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                     Heard Mr. Ajit Kumar Singh, learned counsel for the

                   petitioner and Mr. Kumar Ranjit Ranjan, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   11.02.2026, in connection with Bhagwan Bazar P.S. Case No. 05

                   of 2026, F.I.R. dated 04.01.2026             registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition & Excise

                   Act, 2022.

                                 3. Recovery is of 42.78 litres of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R. as

                   well as seizure list that the recovery has been made from the house

                   of Sahil Kumar and Sanju Devi and the name of the petitioner has

                   been transpired on the basis that the petitioner escaped from the
Patna High Court CR. MISC. No.29661 of 2026(2) dt.04-05-2026
                                            2/3




          place of occurrence. Learned counsel for the petitioner further

          submits that in fact the petitioner was in judicial custody in

          connection with Bhagwan Bazar P.S. Case no. 02 of 2026 and he

          has been remanded in this case from Bhagwan Bazar P.S. Case No.

          02 of 2026 on 11.02.2026 in the present occurrence and the

          petitioner has no role at all in the present occurrence and except

          the suspicion, nothing has come during investigation to suggest the

          involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 11.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner carries two more cases of similar

          nature other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in the

          pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned 1st Special Judge Excise, Saran at Chapra in

          connection with Bhagwan Bazar P.S. Case No. 05 of 2026, subject

          to the following conditions :-
               Patna High Court CR. MISC. No.29661 of 2026(2) dt.04-05-2026
                                                           3/3




                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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