Patna High Court
Pradeep Chaudhary @ Pradeep Choudhary @ Pradeep Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted regular bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties, subject to statutory conditions.
Summary
Petitioner Pradeep Chaudhary was arrested in connection with an offence under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing and trading illicit liquor, with 41.25 litres seized. He had earlier been granted anticipatory bail (Cr. Misc. No. 27855 of 2022) on the condition of depositing Rs.20,000 with the High Court Legal Service Committee, which he could not fulfil and consequently surrendered, remaining in custody since 12‑12‑2025. The petitioner sought regular bail, contending that his antecedent cases were similar in nature and that he was already on bail in those matters. The State could not refute these submissions. The Court, noting the prior anticipatory bail and the petitioner’s surrender, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC s.437(3) and BNSS s.480(3).
Issues considered
- Whether the petitioner is entitled to regular bail after surrender despite non‑payment of the condition attached to his anticipatory bail
- Whether the petitioner’s multiple similar criminal cases and antecedents preclude the grant of bail
- Whether bail may be granted subject to the conditions prescribed under CrPC s.437(3) and BNSS s.480(3)
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- anticipatory bail
- illegal liquor
- prohibition act
- criminal antecedent
- surety
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3304 of 2026
Arising Out of PS. Case No.-63 Year-2022 Thana- BALIYA District- Begusarai
======================================================
Pradeep Chaudhary @ Pradeep Choudhary @ Pradeep Kumar Chaudhary, S/o
Late Omkant Prakash Choudhary @ Late Umakant Choudhary @ Late Om
Chaudhary @ Late Umakant Choudhary R/o Husainichak, P.S.-Ballia,
District-Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Ballia P.S. Case No.63 of 2022 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The accused/petitioner named in the FIR and is
in custody since 12.12.2025.
4. Allegation against the petitioner is to be engaged
in illegal trading/manufacturing of illicit liquor, where there is
recovery of 41.25 liters of Indian made foreign illicit liquor.
5. Learned counsel appearing for petitioner
Patna High Court CR. MISC. No.3304 of 2026(2) dt.06-02-2026
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submitted that earlier petitioner was granted anticipatory bail
by one of the learned co-ordinate Bench of this Court through
Cr. Misc. No. 27855 of 2022 dated 26.08.2022 but, as
onerous condition was imposed to deposit Rs.20,000/- with
Patna High Court Legal Service Committee, Patna, he could
not deposited the same and surrendered before the court
below and now praying for regular bail.
6. Explaining criminal antecedent, it is submitted by
learned counsel that petitioner found involved in six more
criminal cases of similar nature, where he is on bail. In
support of his submission, he relied upon legal report of
Hon’ble Supreme Court as available through Prabhakar
Tiwari vs. State of U.P. [(2020) 11 SCC 648].
7. Learned APP could not dispute the aforesaid
submissions as advanced by learned counsel appearing for
petitioner.
8. In view of aforesaid factual submissions and by
taking note of fact as petitioner has already granted
anticipatory bail, as mentioned aforesaid, who upon surrender
is now in custody since two months, accordingly, the
Patna High Court CR. MISC. No.3304 of 2026(2) dt.06-02-2026
3/3
petitioner, above-named, is directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Judge-I, Begusarai in
connection with Ballia P.S. Case No.63 of 2022, subject to
the conditions as laid down under Section 437(3) of the
CrPC/under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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