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Patna High Court

Shatrudhan ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Shatrudhan Chaudhary was arrested on 15 March 2026 in connection with a case alleging that 825.6 litres of country-made liquor were seized from his and a co-accused's premises, violating Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner applied for bail, arguing that the FIR only identified him as having fled the scene and that there was no direct evidence of his involvement, while noting he was already on bail in other pending matters. The State opposed bail, highlighting three prior cases against the petitioner, though he was out on bail for those as well. The court considered the nature of the offence, the petitioner’s antecedents, and the need to ensure his cooperation with the trial. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding attendance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 considering the nature of the offence and his criminal antecedents.

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal antecedent
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30485 of 2026
                  Arising Out of PS. Case No.-50 Year-2026 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Shatrudhan Chaudhary S/o Bhola Chaudhary Resident of village - Pakadi
                 Dixit, P.S - Kalyanpur, District - East Champaran

                                                                                   ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.03.2026 in connection with Kalyanpur P.S. Case No. 50 of

                   2026 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                               3. The case of the prosecution, in brief, is that on

                   6.2.2026, at about 16.25 p. m., the informant, S.I., Vineet

                   Kumar, recorded his self statement, alleging therein that during

                   the course of patrolling police reached village Pakadi Dixit and

                   seeing police force two persons fled away who were identified

                   by villagers as Jitan Chaudhary and Shatrudhan Chaudhary. On

                   search, 825.600 liters of country made liquor was recovered

                   from the hut and bamboo orchard of Jitan Chaudhary and
Patna High Court CR. MISC. No.30485 of 2026(2) dt.05-05-2026
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          Shatrudhan Chaudhary, and the same was seized.

                      4. Learned counsel for the petitioner submits that it

          appears from the FIR that altogether 825.600 liters of country

          made liquor was recovered from the hut and bamboo orchard of

          co-accused Jitan Chaudhary and as per the allegation as alleged

          in the FIR other co-accused persons have fled away from the

          place of occurrence. It is next submitted that villagers have

          identified the petitioner and other co-accused persons and stated

          that they have fled away from the place of occurrence. It is next

          submitted that except the aforesaid, nothing has come to suggest

          the involvement of the petitioner with the present occurrence

          and petitioner on bail and petitioner is in custody since

          15.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of three cases other than

          the present case but fairly submits that petitioner is on bail in all

          the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Court of
          Patna High Court CR. MISC. No.30485 of 2026(2) dt.05-05-2026
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                    Exclusive Special Excise Court No. 3, Motihari, East

                    Champaran in connection with Kalyanpur P.S. Case No. 50 of

                    2026, subject to the following conditions:-

                                 i. 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.

                                 ii. If the petitioner tampers with the evidence or the

                    witnesses, in that case, the prosecution will be at liberty to

                    move for cancellation of bail.

                                 iii. 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 antecedent, 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)
Gaurav Sinha/-
U      T


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