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Patna High Court

Nanu Chaudhary @ Nunu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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