Patna High Court
Jitendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted because the petitioner was neither the owner nor in possession of the seized liquor, and the seizure was found to be procedurally defective.
Summary
The petitioner, Jitendra Chaudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 59.8 litres of illicit country-made liquor were seized from a concealed compartment in a three‑wheeler cart. The petitioner contended that he neither owned the cart nor had any conscious or physical possession of the liquor, and argued that the seizure violated mandatory search‑seizure provisions due to lack of an independent witness. The court examined the facts, noting the petitioner’s lack of ownership and possession, and considered his prolonged custody since March 10, 2026. Relying on the principle that bail may be granted when the accused is not directly linked to the seized contraband, the court ordered bail on condition of a bond and sureties, with additional requirements to cooperate with the investigation and that one bailor be a close relative. The bail order was conditioned on compliance with these terms.
Issues considered
- Whether the petitioner, who did not own the vehicle or have possession of the seized liquor, is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the seizure of the liquor complied with mandatory search‑seizure provisions, given the alleged absence of an independent witness.
Legislation cited
Subjects
- bail
- search and seizure
- illegal liquor
- possession
- criminal procedure
- Bihar Prohibition and Excise Amendment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35878 of 2026
Arising Out of PS. Case No.-118 Year-2026 Thana- UCHKAGAON District- Gopalganj
======================================================
Jitendra Chaudhary S/o Late Hira Chaudhary Resident of village - Kabilaspur,
Police Station - Thawe, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha-1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act, 2022.
3. Perusal of the first information report and the seizure
list would go to show that 59.8 liters of country made liquor is
said to have been recovered from a concealed compartment
(basement) made in the three wheeler cart.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The petitioner is neither the owner
of the said three wheeler cart nor has any concern with the said
seizure. There is violation of the mandatory provisions of the
Patna High Court CR. MISC. No.35878 of 2026(2) dt.08-06-2026
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search and seizure as there is no independent witness to the
seizure list. Petitioner has been languishing in custody since
10.03.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that the
petitioner is not the owner of the said cart and there is no
recovery from his conscious or physical possession, the above
named petitioner is directed to be enlarged on 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 below where the case is pending/successor Court in
connection with Uchkagaon P.S. Case No. 118 of 2026, subject
to the further condition that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) The one of the bailors will be a family
member/close relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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