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Patna High Court

Pappu Chaudhary @ Pappu Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to a Rs 10,000 bail bond, two sureties and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.

Summary

The petitioner, Pappu Chaudhary, applied for anticipatory bail after being implicated in a case where 10 litres of country‑made liquor were allegedly recovered from a field behind his shop. He argued that the field did not belong to him, that the seizure violated the procedural safeguards prescribed under Sections 103 and 105 of the BNSS, and that the place of seizure was publicly accessible, rendering the implication false. The State opposed the bail, emphasizing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The court examined the factual matrix, the alleged procedural lapses and the petitioner’s prior antecedent. It held that anticipatory bail could be granted, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita. Consequently, the application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the seizure complied with the procedural requirements of Sections 103 and 105 of the BNSS.
  • Whether the petitioner’s prior antecedent and alleged false implication affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • seizure
  • Section 30
  • Section 482
  • BNSS
  • bail bond
  • sureties
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34886 of 2026
                   Arising Out of PS. Case No.-20 Year-2026 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Pappu Chaudhary @ Pappu Kumar Chaudhary Son of Surendra Chaudhary
                 Resident of Village - Mohammadpur Majhauliya Bazar, P.S.- Rajepur, District
                 - East Champaran.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Karandeep Kumar
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha
                 ======================================================
                 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 Rajepur PS Case No 20 of 2026 registered for

                   the offence punishable under Section 30 (a) of the Bihar

                   Prohibition and Excise Act, 2022.

                                4. As per the allegation, altogether 10 liters of country

                   made liquor was recovered from the potato and maize field

                   which was situated backside of the shop of the petitioner.

                                5. Learned counsel for the petitioner has submitted

                   that the field from which the alleged recovery has been made

                   does not belong to the petitioner. It has further been submitted
           Patna High Court CR. MISC. No.34886 of 2026(2) dt.20-05-2026
                                                       2/2




                     that no procedure prescribed under Sections 103 and 105 of the

                     BNSS has been followed. It has also been submitted that the

                     place of seizure is accessible to all. It has lastly been submitted

                     that the petitioner has been falsely implicated as he has one

                     previous antecedent of similar nature.

                                  6. Learned APP for the State has vehemently opposed

                     the prayer for anticipatory bail of the petitioner.

                                  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 bond of Rs

                     10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned court concerned,

                     East Champaran at Motihari, in connection with Rajepur PS

                     Case No 20 of 2026 subject to the conditions as laid down under

                     Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita.

                                  9. This application stands allowed.



                                                (Praveen Kumar, J)
M.E.H./-

U      T


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