Patna High Court
Nanu Chaudhary @ Nunu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Nanu Chaudhary, was implicated in an excise case after 172 litres of illicit liquor were recovered from his vehicle and two individuals identified him as the owner. He filed an anticipatory bail application, asserting his innocence and clean antecedent, and offered to donate Rs. 25,000 to charity without admitting guilt. The Patna High Court, considering the facts, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties, a mandatory donation of Rs. 25,000 to the Ramakrishna Mission, verification of his antecedent, and monthly attendance at the police station. The order expressly limited its effect to the bail application and did not prejudice the merits of the underlying criminal case. The court directed that any default in compliance would lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973 in the excise case.
- Whether conditions such as a monetary deposit, sureties, and periodic police attendance are permissible in granting anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling Act (BNSS) — s. 482
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 438 CrPC
- Section 482 BNSS
- Bihar Prohibition and Excise Act
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38620 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Nanu Chaudhary @ Nunu Chaudhary Son of Late Upendra Chaudhary
Resident of village - Lalpur Raghauli, P.S.- Bisfi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhash Ranjan Thakur, Advocate
For the State : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Sadar Excise P.S. Case No. 103 of 2025 registered for the
offence under Sections 30(a) and 32(3) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, there is recovery of
172 liters of illicit liquor from the vehicle belonging to the
petitioner and two persons were caught on the spot who have
named the petitioner as the owner of the vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is not involved in the crime and he has been falsely
implicated because he is the owner of the vehicle. The petitioner
claims clean antecedent.
Patna High Court CR. MISC. No.38620 of 2026(2) dt.17-06-2026
2/3
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
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 Additional
Sessions Judge-cum- Exclusive Special Court Act-3, Saran at
Chapra/ concerned Court below in connection with Sadar Excise
P.S. Case No. 103 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
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar 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.
Patna High Court CR. MISC. No.38620 of 2026(2) dt.17-06-2026
3/3
9. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
10. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Bisfi Police Station on first Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.