Patna High Court
Raja ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioner Raja Chaudhary sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where 122 litres of illicit mahua liquor were seized from a motorcycle. He argued that he was merely the purchaser of the motorcycle, which remained owned by Gori Devi, and that no incriminating article was found on him, also contending that the procedure under Section 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) was not followed. The State opposed the bail, highlighting the petitioner's two prior similar criminal antecedents. The court examined the facts, the statutory provisions, and the petitioner's antecedents, and decided to grant anticipatory bail on the condition of furnishing bail bonds and sureties, subject to Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite prior similar criminal antecedents.
- Whether the procedural requirements of Section 105 of the B.N.S.S. were complied with in the investigation.
- Whether the petitioner’s alleged connection to the seized liquor is sufficient to justify denial of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- Section 30(a)
- Section 105
- Section 482(2)
- prior criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34715 of 2026
Arising Out of PS. Case No.-233 Year-2025 Thana- DEV District- Aurangabad
======================================================
Raja Chaudhary S/o Mohan Choudhary R/o Village- Ketaki, P.O.- Ketaki,
P.S.- Deo, District - Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhuresh Singh, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending his arrest in
connection with Deo P.S. Case No. 233/2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
4. As per the prosecution case, total 122 liters of illicit
country made mahua liquor was recovered from a jute bag
which was kept on a motorcycle.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being the purchaser of the seized
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motorcycle. It has further been submitted that the motorcycle in
question continues to remain in possession of its original owner,
namely, Gori Devi and till date the same has not been
transferred in favour of the petitioner. It has next been submitted
that no incriminating article has been recovered from the
possession of the petitioner. It has also been submitted that the
procedure prescribed under Section 105 of the B.N.S.S. has not
been followed. Lastly, it has been submitted that the petitioner
has got two criminal antecedents and in both of them petitioner
is one bail.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submitted that the petitioner has two criminal antecedents of
similar nature of offence.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bonds of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Aurangabad, in connection with Deo P.S. Case No. 233/2025
Patna High Court CR. MISC. No.34715 of 2026(2) dt.20-05-2026
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subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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