Patna High Court
Shatrudhan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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
3/3
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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