Patna High Court
BIPIN 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
Bipin Chaudhary was arrested on 22 April 2026 in connection with an excise case alleging the recovery of 65 litres of country-made wine and other liquor from his bathroom. He applied for bail, arguing he has a clean antecedent, that the seized items were found in an open bathroom and he had no involvement, and that the seizure list violated mandatory provisions of Sections 103 and 105 of the Bihar National Security and Surveillance Act, 2023. The State opposed the bail, contending the allegations warrant continued custody. The court examined the facts, noted the petitioner’s lack of prior record and the questionable basis of the accusation, and granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if the petitioner breaches any condition.
Issues considered
- Whether bail should be granted to the accused in an excise offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether the seizure list complied with mandatory provisions of Sections 103 and 105 of the Bihar National Security and Surveillance Act, 2023.
- Whether mere suspicion, based on ownership of the bathroom, suffices to justify continued detention.
Legislation cited
- Bihar National Security and Surveillance Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- excise law
- liquor seizure
- criminal procedure
- suspicion
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31459 of 2026
Arising Out of PS. Case No.-190 Year-2026 Thana- Excise P.S. District- Sheikhpura
======================================================
BIPIN CHAUDHARY S/o Badri Chaudhary R/o vill - Chhathiyara, P.s.-
Karandey, Distt.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad
For the Opposite Party/s : Ms. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for
the petitioner and Ms. Pushpa Sinha.1, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.04.2026 in connection with Sheikhpura Excise P.S. Case No.
190 of 2026 for the offence punishable under Section 30(a)of
the Bihar Prohibition and Excise Amendment Act.
3. The case of the prosecution, in short, is that the
allegation against the petitioner is of recovery of 65 liters of
fermented country made wine, 9 liters of country made wine
and 2 liters of fermented wine of liquor from the bathroom of
the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR and
Patna High Court CR. MISC. No.31459 of 2026(2) dt.08-05-2026
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seizure list that recovery has been made from the bathroom of
the petitioner and the same is an open place and the petitioner
has no role at all with the alleged occurrence. It is next
submitted that the petitioner has been made an accused in the
present case merely on the basis of suspicion as the petitioner is
the owner of the bathrroom. It is next submitted that from
perusal of the seizure list it appears that the seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and petitioner is in custody since 22.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
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 Incharge Special
Excise Judge, Sheikhpura in connection with Sheikhpura Excise
P.S. Case No. 190 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
Patna High Court CR. MISC. No.31459 of 2026(2) dt.08-05-2026
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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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