Patna High Court
Kailash Chaudhary @ Kaila ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Kailash Chaudhary, was charged under multiple sections of the Bihar Negotiable Substances Act for alleged involvement in the sale of illicit liquor and related offences, including assault on an informant and injury to a home‑guard. The prosecution alleged that villagers, including the petitioner, resisted the informant’s raid and assaulted the team with bricks. The petitioner claimed innocence, argued that the charges were vague and that many alleged participants were unnamed, and highlighted his six prior criminal cases as a reason for bail denial by the trial court. The State opposed regular bail, citing the seriousness of the offences and the petitioner’s antecedents. After hearing both sides, the High Court granted regular bail on a bond of Rs.10,000 with two sureties, imposing conditions of trial cooperation, physical presence at each hearing, and that one bailor be a close relative.
Issues considered
- Whether regular bail can be granted to the petitioner despite the seriousness of the charges under sections 190, 191(2), 115(2), 117(2), 109(1), 132, 324(5), 352 and 352(2) of the Bihar Negotiable Substances Act.
- Whether the presence of multiple unnamed accused and the alleged general nature of the allegations affect the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Negotiable Substances Act — s. 109(1), 115(2), 117(2), 132, 190, 191(2), 324(5), 352, 352(2)
Subjects
- regular bail
- criminal antecedent
- illicit liquor
- assault
- Bihar Negotiable Substances Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33027 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- BARBIGHA District- Sheikhpura
======================================================
Kailash Chaudhary @ Kaila Chaudhary S/o Late Ashok Chaudhary R/o
Village - Narayanpur, P.S - Barbigha, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 190, 191(2),
115(2), 117(2), 109(1), 132, 324(5), 352, 352(2) of B.N.S.
3. The case of the prosecution is that the informant
has information that certain persons are indulged in sell and
purchase of illicit liquor. On this information, the informant
along with his associates reached village Narayanpur and
apprehended some persons. It is alleged that the villagers
objected and made attempt to release the apprehended persons.
It is further alleged that the villagers have also assaulted the
informant and his team by means of bricks due to which home-
guard Anshu Kumari has received injuries.
Patna High Court CR. MISC. No.33027 of 2026(2) dt.14-05-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that in this case
altogether twenty three persons are named whereas thirty to
forty persons are unnamed. He has further submitted that the
nature of allegation is general and omnibus. Learned trial Court
has rejected his prayer for bail as he has concealed his criminal
antecedent. Petitioner is having criminal antecedent of six cases.
Moreover, he is languishing in judicial custody since
05.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the 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 in connection with
Barbigha P.S. Case No. 65 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the court of S.D.J.M, Sheikhpura/
Concerned Court with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every fixed
date.
Patna High Court CR. MISC. No.33027 of 2026(2) dt.14-05-2026
3/3
(ii) One of the bailors should be close relative of the
petitioner.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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