Patna High Court
Mogal Chaudhary @ Ramchandra Chaudhary @ Shriram Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Mogal Chaudhary and Sajanlal Chaudhary, sought anticipatory bail after a police raid behind their house recovered 69.465 litres of foreign liquor, leading to an FIR under Section 30(a) of the Bihar Prohibition and Excise Act. They argued that the liquor was not in their conscious possession and therefore no offence was made out. The State opposed, citing a prior criminal antecedent of one petitioner. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if no offence is established, the Court was inclined to grant bail. The Court ordered anticipatory bail with a Rs 10,000 bond per petitioner and imposed conditions under Section 438(2) of the Cr.P.C., including regular appearances before the trial court and police station, and prohibition on tampering with evidence.
Issues considered
- Whether anticipatory bail can be granted when the seized liquor is not in the petitioners' conscious possession.
- Whether the bar under Section 76(2) of the Bihar Prohibition and Excise Act precludes anticipatory bail in this case.
- Whether the petitioners can be said to have committed an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- conscious possession
- seizure of liquor
- Section 30(a)
- Section 76(2)
- Section 438 Cr.P.C.
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34956 of 2026
Arising Out of PS. Case No.-218 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
1. Mogal Chaudhary @ Ramchandra Chaudhary @ Shriram Kumar Chaudhary
Son of Shailendra Chaudhary @ Shailendara Chaudhary @ Shailendra
Chaudhari Resident of Village- Baira Parsauni, Ward No. 9, P.S.- Nautan,
District- West Champaran.
2. Sajanlal Chaudhary S/o Shailendra Chaudhary @ Shailendara Chaudhary @
Shailendra Chaudhari Resident of Village- Baira Parsauni, Ward No. 9, P.S.-
Nautan, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Nautan P.S. Case No. 218 of 2026 instituted
under Sections 30(a) of the Bihar Prohibition and Excise Act
lodged on 24.04.2026 by the informant, Indradev Yadav.
3. As per the prosecution story, on secret information,
place behind the house of the petitioners was raided and there is
recovery/seizure of 69.465 liters of foreign liquor. This led to
the FIR.
4. Learned counsel for the petitioners submit that
Patna High Court CR. MISC. No.34956 of 2026(2) dt.20-05-2026
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admittedly the recovery/seizure is behind the house of the
petitioners and not from their conscious possession.
5. Further, learned counsel for the petitioners relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019(2) PLJR 1089 wherein it has been held that an application
for anticipatory bail in a case arising of of Bihar Excise and
Prohibition Act can be maintained, despite the bar under
section 76(2) of the Act, if on the basis of allegation made in the
FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that the
so far as the petitioners no.1 is concerned, he has one criminal
antecedent.
7. Considering the submissions of the parties as also
and the judgment of Ram Vinay Yadav (supra), the recovery is
not from their conscious possession, in that background, this
Court is inclined to extend them the privilege of anticipatory
bail.
8. Let the petitioners be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two
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sureties of the like amount each in connection with Nautan P.S.
Case No. 218 of 2026 to the satisfaction of learned Spl. Judge,
Excise Court No.1, Bettiah, West Champaran subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every month for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/S.Prasad
U T
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