Patna High Court
Alok Kumar @ Alok Chaudhary @ Alok ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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(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//-
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