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Patna High Court

Pradeep Chaudhary @ Pradeep Choudhary @ Pradeep Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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