Patna High Court
Sanjeev Chaudhary @ Sanju ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a bond and conditions under the B.N.S.S., 2023.
Summary
The petitioner, Sanjeev Chaudhary, was implicated in a case (Nautan P.S. Case No. 156 of 2026) for alleged possession of 105.63 litres of illicit liquor, alleged under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, asserting that the liquor was recovered from a maize field and that his name was linked to the case only through secret information, and he has a clean criminal record. The State opposed his bail, arguing the seriousness of the offence. The High Court, considering the facts, granted anticipatory bail on the condition of a Rs.30,000 bond under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023, and subject to conditions under Section 482(2) of the same Act. The Court also directed the trial court to verify the petitioner’s antecedents and to cancel the bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of the alleged recovery of illicit liquor justify denial of bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- excise
- bail conditions
- criminal antecedent
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32985 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Sanjeev Chaudhary @ Sanju Chaudhary Son of Naresh Chaudhary Resident
of village - Dabariya, Police Station - Nautan, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Adv.
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Nautan P.S. Case No. 156 of 2026 lodged on 19.03.2026,
for the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. Total recovery of 105.63 litres of illicit liquor
has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.32985 of 2026(2) dt.13-05-2026
2/3
possession of the petitioner and the alleged recovery has been
made from maize crops field. Counsel further submits that the
name of the petitioner has come in this case only on the basis of
secret information. He further submits that the petitioner has
clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Special Judge
(Excise)-I, Bettiah, West Champaran, in connection with Nautan
P.S. Case No. 156 of 2026, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
Patna High Court CR. MISC. No.32985 of 2026(2) dt.13-05-2026
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delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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