Patna High Court

Bhuteli ChaudharyversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail may be granted as the petitioner had no incriminating material and had served a reasonable period in custody.

Summary

Bhuteli Chaudhary was arrested in connection with the seizure of 16.200 litres of liquor from a motorcycle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the motorcycle was owned by his wife, and that no incriminating material was found on his person. The petitioner had six prior criminal antecedents, three of which resulted in acquittals, and had been in custody since 10 December 2025, with alleged non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail, but the Court, after considering the period of custody, lack of direct evidence, and the petitioner’s claim of innocence, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance at trial.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite the alleged offence and prior antecedents
Whether non‑compliance of Section 103 of the BNSS, 2023, precludes the grant of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Bihar
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3538 of 2026
                       Arising Out of PS. Case No.-163 Year-2025 Thana- DHANSOI District- Buxar
                 ======================================================
                 Bhuteli Chaudhary son of Ram Ekbal Chaudhary Village- Kharahana (Pidiya
                 Tola) P.s- Dhansoi District- Buxar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shankar Pathak, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Dhansoi PS Case No. 163 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 16.200 liters

                   liquor was recovered from motorcycle.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted

                   that wife of the petitioner is the registered owner of the
           Patna High Court CR. MISC. No.3538 of 2026(2) dt.19-01-2026
                                                       2/2




                     motorcycle in question. The petitioner is in custody since

                     10.12.2025 and has got six criminal antecedent/s, out of which

                     petitioner is acquitted in three cases. There is no compliance of

                     Section 103 of the BNSS, 2023.

                            5.       Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                            6.       Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                            7.       Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Dhansoi PS Case

                     No. 163 of 2025, subject to the following conditions:

                            (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                            (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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