Patna High Court
Rahul Chaudhary @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
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/-
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