Patna High Court
Dharmendra ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Dharmendra Choudhary, sought anticipatory bail fearing arrest in a case (Govindganj P.S. Case No. 232 of 2025) under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act for alleged possession of 45 litres of illicit liquor. The prosecution alleged his involvement, while the petitioner claimed innocence and alleged false implication. The State opposed the bail. The Patna High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond with two sureties, a deposit of Rs.25,000 to a charitable institution, and a condition to appear at the police station every Sunday. The order was made under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 in a case under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court are appropriate and lawful under Section 482 of the BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38219 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Dharmendra Choudhary S/o Krishna Choudhary @ Krishna Mahato Resident
Of Village- Salahan, P.S.- Govindganj, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pragya Bharti
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Govindganj P.S. Case No. 232 of 2025
registered for the offence under Section 30(a) and 30(c) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
total 45 litres of illicit liquor from the petitioner and other
accused persons.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the name
of the petitioner has surfaced during investigation. Petitioner has
Patna High Court CR. MISC. No.38219 of 2026(2) dt.16-06-2026
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one criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his 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 learned Exclusive
Special Excise Court No. 1, East Champaran at Motihari/
concerned Court below in connection with Govindganj P.S.
Case No. 232 of 2025, 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 shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Bela, Muzaffarpur 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.
9. As a condition of this order, the petitioner after
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being released on bail, is directed to mark his attendance at
Govindganj Police Station, District- East Champaran on all
Sundays of every month. Any default in appearance at the
Police Station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
tusharika/-
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