Patna High Court
Subhash Kumar Choudhary @ Subhash ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, holding that ownership of the house alone does not warrant denial of bail.
Summary
The petitioner, Subhash Kumar Choudhary, was implicated in a case under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act after police raided his Purnia house and recovered 1.350 litres of illicit liquor, arresting five occupants. The petitioner argued that he merely owned the house, which he had let out to students on rent, and that he was falsely implicated. The prosecution relied on the FIR alleging possession of illicit liquor at the premises. The court examined the petitioner's claim of non‑involvement and the minimal quantity of liquor recovered, and considered that the occupants, not the owner, were arrested. Finding no sufficient ground to deny bail, the court granted anticipatory bail under Section 438(2) of the CrPC, subject to conditions. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the owner of a premises can be held liable for offences under the Bihar Prohibition and Excise Act when illicit liquor is found on the premises.
- Whether anticipatory bail under Section 438(2) of the CrPC is appropriate in the present facts.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 37(c)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- illegal liquor
- ownership of premises
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30526 of 2026
Arising Out of PS. Case No.-341 Year-2025 Thana- Sahayak Khajanchi District- Purnia
======================================================
Subhash Kumar Choudhary @ Subhash Choudhary son of Late Sudeshwar
Prasad Choudhary Resident of Shivpuri PS- Sahayak Khajanchi, Dist- Purnia
Presently Residing At A-402 NTPC Apartemtn Phase I Ashiana nagar Ps-
Rajiv nagar, Po- Ashiana nagar, patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj
Mr. Kaushal Kumar
For the Opposite Party/s : Mr. Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sahayak Khajanchi Police Station Case No. 341 of
2025, dated 07.10.2025, disclosing offences under
Sections 30(a), 37(c) of the Bihar Prohibition and Excise
Act.
3. The prosecution story, as per the First Information Report,
is that the police, on the basis of secret information that
some persons were having a party along with liquor in the
house of the petitioner situated at Purnia, raided the house
and recovered 1.350 litres of illicit liquor and empty
Patna High Court CR. MISC. No.30526 of 2026(2) dt.07-05-2026
2/3
bottles of liquor and arrested five persons aged between
25 to 27 years. The petitioner has been made accused on
the basis of the fact that he happens to be the owner of the
house, in question.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
only because he happens to be the owner of the house,
which was let out by the petitioner in favour of the co-
accused persons on monthly rent. He next submits that the
petitioner is an engineer and has retired from NTPC,
Barh, and has been residing permanently at Patna in the
NTPC Phase-I, Ashina Nagar Apartments. He further
submits that the students, who were residing in the house,
in question, of the petitioner at Purnia, have been granted
regular bail by the court below itself.
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the defence of
the petitioner that the house was let out to the students on
monthly rent and only empty bottles of liquor along with
a small quantity of liquor were recovered and the persons
residing in the house were arrested, I am inclined to grant
the petitioner the privilege of anticipatory bail.
Patna High Court CR. MISC. No.30526 of 2026(2) dt.07-05-2026
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6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Exclusive Special
Excise Court 1, Purnia, in connection with Sahayak
Khajanchi Police Station Case No. 341 of 2025, subject to
the condition laid down under Section 438 (2) of the Code
of Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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