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Patna High Court

Shambhu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             2/3




                          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
            Patna High Court CR. MISC. No.37779 of 2026(2) dt.15-06-2026
                                                        3/3




                                              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/-

U      T


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