Patna High Court
Bhola ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner as the recovery was not prima facie linked to his possession and procedural lapses existed.
Summary
The petitioner, Bhola Chaudhary, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, with a recovery of 10 litres of IMFL and 100 kg of gur from a hut. The petitioner contended that the hut was not connected to him and that the mandatory provisions of Section 105 of the BNSS regarding search of premises were not complied with. The prosecution opposed bail, highlighting the petitioner’s involvement in three other criminal cases for which he was on bail. The court examined whether the recovery was made from the petitioner’s conscious physical possession and whether procedural lapses in the search justified denial of bail. Concluding that the recovery was not prima facie linked to the petitioner and noting the procedural irregularities, the court granted bail subject to a bond of Rs. 10,000 with two sureties, under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in illegal liquor manufacturing under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the failure to comply with Section 105 of the BNSS regarding search of premises vitiates the prosecution’s case.
- Whether the recovery of illicit liquor can be said to be in the conscious physical possession of the petitioner.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 105, 482(2)
Subjects
- bail
- illegal liquor
- search and seizure
- Section 105
- Section 482(2)
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36732 of 2026
Arising Out of PS. Case No.-27 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Vaishali
======================================================
Bhola Chaudhary S/o Lakshman Chaudhary, Resident of Village- Sultanpur
Chakharihar, P.S.- Patepur, District-Vaishali. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner is named in FIR and
apprehending his arrest in connection with C-2 A. No. 27/2021
registered for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 10 litres of IMFL/country made chulai and
100 Kg of Gur from the hut.
4. Learned counsel appearing on behalf of the
petitioner submitted that the hut in issue, from where alleged
recovery of illicit liquor was made is not connected in any manner
with this petitioner. It is pointed out that mandatory provisions of
Section 105 of BNSS regarding search of the premises was also
Patna High Court CR. MISC. No.36732 of 2026(2) dt.08-06-2026
2/2
not appears followed in present case.
5. While explaining criminal antecedent, it is submitted
that petitioner found involved in three more criminal cases, where
he is on bail.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid facts and circumstances
as recovery of illicit liquor prima facie not appears to be made
from the conscious physical possession of this petitioner,
accordingly, above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Anany Special Prohibition & Excise Court No. II-cum-District and
Additional Sessions Judge, Hajipur, Vaishali/concerned Court,
where the case is pending in connection with C-2 A. No.
27/2021, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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