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Patna High Court

Rahul Chaudhary @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners with specified conditions.

Summary

The petitioners, Rahul Chaudhary and Manju Devi, sought anticipatory bail fearing arrest in a case (Mahnar P.S. Case No. 81 of 2026) involving alleged recovery of 13 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged the offence, while the petitioners claimed innocence and asserted they were falsely implicated. Their counsel offered that petitioner 1 would donate Rs. 25,000 to a charitable institution without admitting guilt. The Court, applying Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, allowed the bail application. It ordered release on bail upon furnishing a Rs. 10,000 bond with two sureties, conditioned on the donation of Rs. 25,000 to Ramakrishna Mission Ashram and regular monthly attendance at Mahnar Police Station. Non‑compliance would lead to cancellation of the bail bonds.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the conditions imposed (monetary deposit, charitable donation, and periodic police‑station attendance) are permissible under Section 438 CrPC and Section 482 BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Amendment Act
  • illicit liquor
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37816 of 2026
                       Arising Out of PS. Case No.-81 Year-2026 Thana- MAHNAR District- Vaishali
                 ======================================================
           1.     Rahul Chaudhary @ Rahul Kumar S/o Dinanath Chaudhary Resident of
                  Village - Deshrajpur, Ward No.20, P.O. - Mahnar, Police Station - Mahnar,
                  District - Vaishali.
           2.     Manju Devi W/o Dinanath Chaudhary Resident of Village - Deshrajpur,
                  Ward No.20, P.O. - Mahnar, Police Station - Mahnar, District - Vaishali.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Mahnar P.S. Case No. 81 of 2026 registered for

                   the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                                   3. As per the prosecution case, the recovery is of

                   13 liters of illicit liquor from the petitioners.

                                   4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case.

                                    5. Learned counsel for the petitioners submits that

                   the petitioner no. 1 is ready to donate Rs. 25,000/- in some

                   charitable organization without accepting his guilt.

                                   6. Considering the aforesaid facts, this application

                   is allowed.
          Patna High Court CR. MISC. No.37816 of 2026(2) dt.16-06-2026
                                                      2/2




                                    7. Let the petitioners, above named, in the event of

                    their arrest or surrender before the concerned Court below

                    within four weeks from today, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the concerned Court

                    below in connection with Mahnar P.S. Case No. 81 of 2026,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                                  8. This is also subject to the condition that the

                    petitioner no. 1 shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Mission Ashram, Nala Road, Patna and produce

                    the receipt of the same before the Court below. The bail bonds

                    of the petitioner shall be accepted after verifying the

                    genuineness of the receipt produced by the petitioner no. 1.

                                 9. As a condition of this order, the petitioner no. 1,

                    after being released on anticipatory bail, is directed to mark his

                    attendance at Mahnar Police Station on every Sunday of each

                    month. Any default in appearance at the police station will result

                    in cancellation of bail bonds of the petitioner no. 1.


                                                            (Sandeep Kumar, J)
Vikas/-
U


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