Patna High Court
Shambhu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioner, subject to the conditions imposed under Section 482(2) of the B.N.S.S.
Summary
Shambhu Chaudhary applied for anticipatory bail after his name was mentioned in a statement relating to the recovery of 36 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. The prosecution opposed the bail, but the petitioner offered to donate Rs.25,000 to a charitable organization without admitting guilt. The Patna High Court, after hearing both sides, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and several conditions, including the charitable donation, regular attendance at the police station, and compliance with Section 482(2) of the B.N.S.S. The order emphasized that its observations were prima facie and not a determination on the merits of the case. The bail will be cancelled upon default of the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case arising under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016
- Whether the conditions imposed by the court, including a charitable donation and periodic police‑station attendance, are lawful and appropriate for granting anticipatory bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37779 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- GOVINDPUR District- Nawada
======================================================
Shambhu Chaudhary S/o Hari Chaudhary Resident of Village- Pipra, P.S.-
Govindpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Adv.
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Govindpur P.S. Case No. 78 of 2026 registered for offences
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2016.
3. As per the prosecution case, there is recovery of
36 litres of illicit liquor. The name of the petitioner has surfaced
on the statement made by local chaukidar.
4. Learned counsel for the petitioner submits that
the petitioner undertakes to donate a sum of Rs. 25,000/-
(Rupees Twenty-Five Thousand Only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
Patna High Court CR. MISC. No.37779 of 2026(2) dt.15-06-2026
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5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Govindpur P.S. Case No. 78 of 2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S. with further conditions that:-
(i) The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-Five
Thousand Only) with Ramakrishna Math,
Village Jharha (near Matua Pahar), Halka
Chilore, P.O. Gurua, Dist. Gayaji, Bihar
824205 and shall produce a valid receipt
thereof before the court below. The bail
bonds shall be accepted only after
verification of the genuineness of the said
receipt.
(ii) The petitioner shall mark his
attendance at Govindpur Police Station on
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first and third Sunday of each month. In the
event of default, the bail bonds shall be
liable to be cancelled.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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