Patna High Court
Balmiki ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is entitled to regular bail as he is merely the driver, has no prior record, and the prosecution evidence is insufficient to deny bail.
Summary
The petitioner, Balmiki Chaudhary, was arrested in connection with an excise case (Case No. 67 of 2026) for alleged possession of 210.600 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was merely the driver of the vehicle from which the liquor was seized and had no criminal antecedents, seeking regular bail. The State opposed the bail, arguing the seriousness of the offence. The court examined the FIR and noted the petitioner was not the owner of the vehicle and there were no independent witnesses to the seizure list, while also acknowledging his clean record. Considering these facts, the court held that the petitioner was eligible for bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Excise‑I, Rohtas.
Issues considered
- Whether the petitioner, being only the driver and not the owner, is entitled to regular bail under the provisions applicable to excise offences
- Whether the absence of criminal antecedents and lack of independent seizure witnesses justify granting bail
Legislation cited
Subjects
- bail
- excise law
- illicit liquor
- driver vs owner
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34733 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Balmiki Chaudhary Son of Bhagwan Chaudhary @ Shri Bhagwan Chaudhary
Resident of Village- Khemrajpur, P.S.- Dhansoi, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is in custody in connection with
Excise Sasaram P.S Case No. 67 of 2026 registered for the
offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution case, total 210.600 litres of
illicit liquor were recovered from the trolley of the tractor.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is further
submitted that petitioner has got no criminal antecedent. It is
also submitted that petitioner is in judicial custody since
07.02.2026.
Patna High Court CR. MISC. No.34733 of 2026(2) dt.20-05-2026
2/2
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order, it
appears that petitioner is not the owner of the vehicle in
question, rather he is only driver. There is no independent
witness of the seizure list. Petitioner has got no criminal
antecedent as stated in paragraph no. 3 of the petition.
7. Considering the aforesaid facts and circumstances
of the case and submissions made on behalf of the petitioner, let
the above named petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of learned Special Judge
Excise-I, Rohtas at Sasaram in connection with Excise Sasaram
P.S Case No. 67 of 2026.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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