Patna High Court
Dinanath Kumar Chaudhary @ Dinanath ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Non‑Statutory Substitution Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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/-
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