Patna High Court
Govind ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, three individuals named Chaudhary, sought anticipatory bail fearing arrest in a case (PS 166/2026) alleging offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly ferrying illicit country‑made liquor. The prosecution claimed that during a police raid, a local chowkidar identified the petitioners as the three persons who fled, and 60 litres of liquor were recovered. The petitioners contended that the police narrative was implausible, the identification was unreliable, procedural safeguards under the BNS were breached, and they were falsely implicated despite having prior criminal cases. The State highlighted the petitioners' similar criminal antecedents and the seizure of contraband. The court, noting the seriousness of the allegations and the petitioners' past records, concluded that the case was not suitable for anticipatory bail and rejected the petition.
Issues considered
- Whether anticipatory bail can be granted in view of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the petitioners' prior criminal antecedents and the circumstances of the police raid preclude the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- seizure
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- police raid
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30200 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- LAURIA District- West Champaran
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1. Govind Chaudhary S/O Ramagya Chaudhary R/O Pakari Nonia Toli, P.S.-
Laurirya, District- West chamapran
2. Shailesh Chaudhary alias Shailesh Kumar Ashok Chaudhary Pakari Nonia
Toli, P.S. Laurirya District West chamapran
3. Upendra Chaudhary alias Upendra Kumar Brijbasani Chaudhary Pakari
Nonia Toli, P.S. Laurirya District West chamapran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
02. In the present case, the petitioners are apprehending
their arrest in connection with Lauriya P.S. Case No. 166 of 2026
registered for the alleged offences under Section 274, 275, 3(5) of
the BNS and Section 30(a) of the Bihar Prohibition and Excise
Act.
03. As per prosecution case, while patrolling, the police
party received information about the petitioners ferrying country
made chulai liquor, a raid was conducted and police party reached
the identified place from where three persons fled away from the
spot despite chase. The local chowkidar identified the petitioners
Patna High Court CR. MISC. No.30200 of 2026(2) dt.08-05-2026
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as the escaped persons. From search of the place, recovery of 60
litre of country made chulai liquor was made kept in jerry cans.
04. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken place.
The prosecution story is not believable that despite prior
information the miscreants could not be apprehended by the police
party. The local chowkidar was not made a witness on seizure list
and this makes the case suspicious. The place from where recovery
has been made is a public place situated near a canal and was
accessible to all. The story of the identification by the local
chowkidar in the dead of night is highly improbable. The
witnesses are members of police party and no videography was
done and there is complete violation of the provisions of BNSS
with regard to search and seizure. Learned counsel further submits
that the petitioners are having criminal antecedents. Petitioner no.
1 is having antecedent of one case and petitioner no. 2 is having
antecedent of two cases and petitioner no 3 has antecedent of one
case and they are on bail in all the cases.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioners. Learned
A.P.P. submits the petitioners bear criminal antecedents of similar
nature and recovery of illicit country made liquor was made when
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a raid was conducted by the police and local chowkidar identified
the petitioners.
06. In the light of nature of allegation and criminal
antecedent of similar nature of the petitioners, I do not think it is a
fit case for grant of anticipatory bail. Hence, the prayer for grant of
anticipatory bail to the petitioners is rejected.
(Arun Kumar Jha, J)
Anuradha/-
U T
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