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Patna High Court

Jitendra ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        2/2




                      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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