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Patna High Court

ARVIND CHOUDHARIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to conditions, under the applicable provisions.

Summary

The petitioner, Arvind Choudhari, was arrested during a raid on his house on suspicion of manufacturing illicit country-made liquor, alleged under Section 30(a) and (c) of the Bihar Prohibition & Excise Act. The prosecution seized equipment and 5 litres of liquor, but the petitioner claimed innocence, stating no incriminating items were found in his possession and that he was falsely implicated. He had three prior cases, all of which he was out on bail, and had been in custody since 16‑04‑2026. The State opposed bail, while the petitioner’s counsel argued that the arrest was merely on suspicion. Considering the facts, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions under Section 480(3) of the BNSS and additional attendance requirements. The bail was granted subject to compliance with these conditions.

Issues considered

  • Whether the petitioner is entitled to bail for an offence under Section 30(a) and (c) of the Bihar Prohibition & Excise Act.
  • Whether the circumstances of seizure and the petitioner’s custody period justify denial of bail.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • Section 30
  • Section 480(3)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37742 of 2026
                     Arising Out of PS. Case No.-184 Year-2026 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Arvind Choudhari, Son of Late Mouji Chaudhary, Resident of Village-
                 Surdaspur, P.S. and District- Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :         Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Excise P.S. Case No. 184 of 2026, registered

                   for the alleged offence under Section 30(a) (c) of the Bihar

                   Prohibition & Excise Act.

                                3. As per prosecution case, the petitioner was

                   apprehended from his house when raid was conducted on

                   receipt of information about manufacturing of illicit country

                   made liquor by the petitioner in his house. Recovery of some

                   utensils for manufacturing illicit liquor and 5 liters of country

                   made liquor were made from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.37742 of 2026(2) dt.17-06-2026
                                            2/3




          case. Nothing incriminating has been recovered from the

          person/possession of the petitioner. The petitioner was

          apprehended merely on suspicion. The petitioner has no concern

          with the seized liquor or the equipment shown in the seizure list.

          The petitioner is having antecedents of three cases and he is on

          bail in all such cases. The petitioner is in custody since

          16.04.2026.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Excise

          Judge, Sheikhpura/court concerned in connection with Excise

          P.S. Case No. 184 of 2026, subject to the conditions mentioned

          in Section 480(3) of BNSS and the following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.

                       (ii) The petitioner will remain present on each

                       and every date fixed by the court below.
           Patna High Court CR. MISC. No.37742 of 2026(2) dt.17-06-2026
                                                       3/3




                                  (iii) In case of absence on three consecutive

                                  dates or in violation of the terms of the bail, the

                                  bail bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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