Patna High Court
Videshi ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to a bail‑bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Videshi Chaudhari and Dhenuk Chaudhari, sought anticipatory bail fearing arrest in a case (Bairiya P.S. Case No. 184 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 60 litres of country‑made liquor recovered from a hut near a burning ghat. They contended that the liquor was not in their conscious possession, the hut was not under their control, the local chowkidar’s testimony was false, and the search violated Section 105 of the B.N.S.S. The State opposed the bail. The Court, after considering the facts and the petitioners’ lack of criminal antecedents, granted anticipatory bail on the condition of a bail‑bond of Rs 10,000 with two sureties each, subject to the conditions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure and search of the liquor violated Section 105 of the B.N.S.S.
- Whether the petitioners’ lack of criminal antecedents warrants the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105, 482(2)
Subjects
- anticipatory bail
- prohibition and excise
- search and seizure
- Section 30
- Section 105
- Section 482
- criminal antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34739 of 2026
Arising Out of PS. Case No.-184 Year-2026 Thana- BAIRIYA District- West Champaran
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1. Videshi Chaudhari son of Late Pujan Chaudhari Resident of Siswa Sareya,
P.S.- Bairiya, District -West Champaran
2. Dhenuk Chaudhari @ Dhenu Chaudhari Son of Chandrika Chaudhari
Resident of Siswa Sareya, P.S.- Bairiya, District -West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niraj Kumar Sharma, Adv
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case in connection with Bairiya P.S. Case No. 184 of 2026
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, altogether 60 litres of
country made liquor was recovered from a hut adjacent to a
burning ghat. It has been alleged that petitioner and two others
were stated to have fled away from the place of occurrence, the
said fact being disclosed by a local chowkidar.
4. Learned counsel for the petitioners have submitted
that nothing has been recovered from the conscious possession
of the petitioner and the place of recovery is a hut adjacent to a
Patna High Court CR. MISC. No.34739 of 2026(2) dt.20-05-2026
2/2
burning ghat and accessible to all and not within the control of
the petitioner. It has further been submitted that local chowkidar
is on inimical terms with the petitioner and he has falsely taken
the name of the petitioner. It has further been submitted that the
search and seizure is in violation of Section 105 of the BNSS. It
has lastly been submitted that petitioners have got no criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned court
concerned, in connection with Bairiya P.S. Case No. 184 of
2026, subject to conditions as laid down under section 482(2) of
the B.N.S.S.
7. The application stands allowed.
niku/aarti/- (Praveen Kumar, J)
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