Patna High Court
SHREE BHAGWAN CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Since the illicit liquor was not in the constructive possession of the petitioners and they have clean antecedents, the court granted anticipatory bail under Section 482(2) of the Bihar Negotiable Substances Act.
Summary
The petitioners, Shree Bhagwan Chaudhary and Nagendra Mahto, sought anticipatory bail after being implicated in a case concerning the seizure of 110.4 litres of Nepali liquor under Section 30(a) of the Bihar Prohibition & Excise Act. The police, relying on secret information, recovered the liquor from a hut belonging to Nagendra Mahto, but the petitioners claimed they had no possession or involvement and that the seizure violated Section 103 of the Bihar Negotiable Substances Act. They also highlighted their clean antecedents. The State opposed the bail. The High Court, noting the absence of constructive possession by the petitioners and their clean record, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the Bihar Negotiable Substances Act, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bihar Negotiable Substances Act, 2023 in the context of alleged involvement in illicit liquor seizure.
- Whether the seizure of the liquor violated Section 103 of the Bihar Negotiable Substances Act, thereby affecting the basis of the accusation.
- Whether the petitioners’ lack of constructive possession and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 103, 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition & Excise Act
- Bihar Negotiable Substances Act
- Section 30
- Section 103
- Section 482
- clean antecedent
- constructive possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33869 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- DHAKA District- East Champaran
======================================================
1. Shree Bhagwan Chaudhary S/O Late Gauri Chaundhary Resident Of
Village- Phulwariya, P.S.- Dhaka, District- East Champaran.
2. Nagendra Mahto Son of Late Dularchand Mahto Resident of Village-
Phulwariya, P.S.- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the parties through
virtual mode.
2. The petitioners are apprehending their arrest in
connection with Dhaka P.S. Case No.108 of 2026, F.I.R dated
25.02.2026, registered for the offences punishable under
Sections 30(a) of Bihar Prohibition & Excise Act.
3. As per the prosecution case, on the basis of secret
information, the police recovered 110.4 liters of Nepali liquor
from the hut of accused Nagendra Mahto, located in a mango
orchard.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the present case
merely on the basis of secret information. It is further submitted
Patna High Court CR. MISC. No.33869 of 2026(2) dt.20-05-2026
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that the petitioners have no concern with the seized liquor or the
place of recovery. Learned counsel further submits that there is
violation of Section 103 of the B.N.S.S. in the matter of seizure
and the name of the petitioners transpired only on the statement
of the local Chaukidar. It is lastly submitted that the petitioners
have clean antecedent and are ready to abide by all terms and
conditions as may be imposed by this Court while granting the
privilege of anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submissions made by the
parties, and taking into consideration the fact that the illicit
liquor has not been recovered from the constructive possession
of the petitioners and further that the petitioners have a clean
antecedent, this Court is inclined to grant anticipatory bail to the
petitioners.
7. Let the petitioners, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court No.3, I/c Civil Court,
Patna High Court CR. MISC. No.33869 of 2026(2) dt.20-05-2026
3/3
East Champaran at Motihari, in connection with Dhaka P.S.
Case No.108 of 2026 subject to the condition as laid down
under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
shikha/-
U T
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