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Patna High Court

DAYANAND CHAUDHARY @ SADHU CHAUDHARYversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Dayanand Chaudhary, was arrested in connection with an offence under Section 30(a) of the Bihar Prohibition and Excise Act after liquor was seized from a plastic bag near a vacant land. He contended that the liquor was not in his conscious possession, no incriminating article was found at his residence, and the seizure list was prepared only by police officials without independent witnesses. The State opposed the bail, citing the petitioner’s prior criminal antecedents of a similar nature. The court examined the circumstances, noting that the witnesses to the seizure were police officers and that releasing the petitioner would not prejudice the prosecution. Considering the lack of direct possession and the petitioner’s existing bail in other cases, the court decided to grant regular bail. The petitioner was ordered to furnish a bail bond of Rs. 20,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the seizure and his prior criminal antecedents

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • Section 30(a)
  • criminal antecedents
  • seizure
  • police witnesses

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31975 of 2026
                     Arising Out of PS. Case No.-175 Year-2026 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Dayanand Chaudhary @ Sadhu Chaudhary, S/o Late Sri Chaudhary, R/o vill -
                 Barui, P.S.- Sheikhpura, Distt.- Sheikhpura
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Sheo Nandan Prasad, Adv.
                                                    Mr. Rajnish Kumar, Adv.
                 For the Opposite Party/s :         Ms.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                   1. Heard the parties

                                 2. The petitioner seeks regular bail in connection with

                   Seikhpura Excise P. S. Case No. 175 of 2026 registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                 3. The main submissions advanced by the petitioner's

                   counsel are that the petitioner is innocent and has been falsely

                   implicated in the present case, the alleged liquor has been

                   recovered from a plastic bag near a vacant land and not from the

                   conscious possession of the petitioner and no incriminating

                   article has been recovered from the house or physical possession

                   of the petitioner and further the seizure list has been prepared in

                   presence of official witnesses only not in presence of

                   independent witness. Learned counsel further submits that
              Patna High Court CR. MISC. No.31975 of 2026(2) dt.12-05-2026
                                                          2/2




                        though the petitioner has criminal antecedents of similar nature

                        of cases, he is already on bail in all the earlier cases and has

                        been languishing in jail since 10.04.2026.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions, coupled with the facts that the witnesses of the

                        seizure list are police officials so the release of the petitioner

                        will not affect the prosecution in any manner at this stage and

                        also taking into account the quantity of the alleged liquor which

                        is said to have been recovered from the possession of this

                        petitioner, this court is inclined to grant the relief of bail to the

                        petitioner, accordingly, let the petitioner named-above be

                        enlarged on bail in connection with Seikhpura Excise P. S. Case

                        No. 175 of 2026 on furnishing bail bond of Rs. 20,000/-

                        (Rupees Twenty Thousand) with two sureties of the like amount

                        each to the satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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