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Patna High Court

Arun Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing release on a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Arun Kumar Chaudhary, was arrested in connection with the alleged possession of 119.94 litres of Nepali liquor seized from his joint house, alleged under Section 30(a) of the Bihar Excise and Prohibition Act. He contended that the liquor was not recovered from his personal possession, that the seizure list was prepared by police without complying with the mandatory requirements of Section 105 of the B.N.S.S., and that he has no prior criminal record and has been in custody since 7 April 2026. The State opposed the bail application. The Court examined the factual and procedural contentions and, finding no compelling reason to deny bail, ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties. The order was directed to be complied with by the Special Excise Court, Sitamarhi.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Excise and Prohibition Act.
  • Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the B.N.S.S.

Legislation cited

Subjects

  • regular bail
  • excise law
  • seizure procedure
  • Section 30(a)
  • Section 105
  • bail petition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32928 of 2026
                       Arising Out of PS. Case No.-89 Year-2026 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Arun Kumar Chaudhary, S/o Siya Ram Chaudhari, R/o village- Laptaha, P.S.-
                 Parihar, Dist.- Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   21-05-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State through Video Conferencing.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Excise and Prohibition Act.

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

                   altogether 119.94 liters of Nepali country made liquor was

                   recovered from the joint house of the petitioner.

                                4. Learned counsel for the petitioner submits that,

                   nothing has been recovered from the possession of this

                   petitioner. It is also submitted that all the witnesses to the

                   seizure list are police personnel, and the police have not

                   complied the mandatory provisions of Section 105 of the

                   B.N.S.S. while making the Seizure List. Learned counsel of the
            Patna High Court CR. MISC. No.32928 of 2026(2) dt.21-05-2026
                                                        2/2




                      petitioner has further submitted that the petitioner is innocent

                      and he has falsely been implicated in this case. It is also

                      submitted by the learned counsel of the petitioner that, petitioner

                      is having no criminal antecedent and he is in custody since

                      07.04.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of the regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this Court is inclined to enlarge the petitioner on

                      bail. The above-named petitioner is directed to 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

                      learned        Exclusive         Special        Excise   Court   No.1,

                      Sitamarhi/concerned Court, in connection with Parihar P.S. Case

                      No. 89 of 2026.



                                            (Ashok Kumar Pandey, J)
khushbu/-

U      T


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