Patna High Court
Abhishek Chaudhari @ Abhishek Kumar ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner on the condition of furnishing a bond and complying with statutory and personal surety requirements.
Summary
The petitioner, Abhishek Chaudhari, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 14 litres of country-made liquor were recovered from a hut alleged to belong to him. The petitioner contended that the hut was not his, that he had no possession of the liquor, and that he was falsely implicated, noting that he was not apprehended on the spot and had no incriminating material recovered from him. The prosecution opposed bail, but the court considered the lack of direct possession, the fact that the petitioner was not caught at the scene, and the length of his custody since 10 May 2026. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements. The bail was granted subject to compliance with attendance and conduct conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
- Whether the absence of apprehension at the spot and lack of recovered material from the accused justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- Section 480(3)
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37995 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Abhishek Chaudhari @ Abhishek Kumar Chaudhari Son of Ram Chandra
Chaudhari @ Ram Chandar Sahni R/o - Tajpur Tola Prithvi Nagar, P.S - Janta
Bazar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, 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.
02. In the present case, the petitioner seeks bail in
connection with Janta Bazar P.S. Case No. 28 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, recovery of 14 litres of
country made liquor was made from the hut of the petitioner,
who fled away when the raid was being conducted.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The hut from where recovery has been shown does not
Patna High Court CR. MISC. No.37995 of 2026(2) dt.17-06-2026
2/3
belong to the petitioner and the petitioner has no concern with
the seized liquor. The petitioner was not apprehended from the
spot and nothing incriminating has been recovered from his
conscious possession. The petitioner is having antecedent of one
case in which he is on bail. The petitioner is in custody since
10.05.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from him and further 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 3rd Exclusive Special
Excise Court, Saran at Chapra/concerned Court in connection
with Janta Bazar P.S. Case No. 28 of 2026, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
Patna High Court CR. MISC. No.37995 of 2026(2) dt.17-06-2026
3/3
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(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)
DKS/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.