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Patna High Court

Dinanath Kumar Chaudhary @ Dinanath ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a bond and conditions.

Summary

Dinanath Kumar Chaudhary was arrested on 11 May 2026 in connection with a case involving the alleged possession of 5 litres of country‑made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner sought bail, contending that the seizure was conducted by Home Guard personnel without complying with Sections 103 and 105 of the Bihar Non‑Statutory Substitution (BNSS) Act, 2023, and that the charge was based merely on suspicion. The State opposed bail, noting that the petitioner was arrested at the place of occurrence and has two other similar cases, though he is on bail in those. The Court examined the procedural deficiencies alleged and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Excise Judge in Saran.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, by the investigating authorities warrants the grant of bail.
  • Whether the existence of other pending cases of a similar nature affects the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • section 30(a)
  • procedural compliance
  • BNSS 2023
  • home guard
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38844 of 2026
                      Arising Out of PS. Case No.-128 Year-2026 Thana- NAYAGAON District- Saran
                 ======================================================
                 Dinanath Kumar Chaudhary @ Dinanath Chaudhary Son of Late Birendra
                 Chaudhary @ Virendra Chaudhari Resident of Village- Sheikhdumari (Sheikh
                 Dumari), P.S.- Nayagaon, District- Saran at Chapra.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                  Heard Mr.Dewendra Narayan Singh, learned counsel

                   for the petitioner and Mr.Parmanand Prasad, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   11.05.2026 in connection with Nayagaon P.S. Case No. 128 of

                   2026, F.I.R. dated 10.05.2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                3. Recovery is of 05 liters of country made liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that from a bare perusal of the FIR it appears that the

                   recovery has been made from the house of the petitioner and

                   altogether 05 liters of country made liquor was recovered near
Patna High Court CR. MISC. No.38844 of 2026(2) dt.22-06-2026
                                            2/3




          the Sand Store of the house of the petitioner and petitioner has

          been made accused in the present case merely on the basis of

          suspicion and from a bare perusal of the FIR as well as the

          seizure list it appears that the seizure list witnesses are Bihar

          Home Guard personnel, so there is non-compliance of the

          Sections 103 and 105 of BNSS, 2023 and the petitioner is in

          custody since 11.05.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner was

          arrested from the place of occurrence, apart from that, the

          petitioner carries two more cases other than the present one of

          similar nature but he fairly submits that the petitioner is on bail

          in all the cases, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, 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 learned 2nd Exclusive Special Excise

          Judge, Saran at Chapra in connection with Nayagaon P.S. Case

          No. 128 of 2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.38844 of 2026(2) dt.22-06-2026
                                                           3/3




                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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