Patna High Court

Umesh Kumar ChaudharyversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Umesh Kumar Chaudhary was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 900 litres of liquor were recovered from vehicles, including his motorcycle. The petitioner claimed he was falsely implicated, asserting he owned the motorcycle but had no knowledge of the liquor. He had been in custody since 7 December 2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the circumstances and lack of evidence of his knowledge, granted bail on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed conditions of regular appearance in court. Failure to appear on two consecutive dates would permit cancellation of the bail.

Issues considered

Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s lack of knowledge and mere ownership of the vehicle justify bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
false implication
vehicle ownership
Section 103
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3937 of 2026
                     Arising Out of PS. Case No.-485 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Umesh Kumar Chaudhary son of Late Ramvilash Chaudahary Resident of
                 village- Nijamat Bhatsimar, Ward no. 4, Ps- Rajnagar, Dist- Madhubani


                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :        Mr. Gagandeo Yadav, Advocate
                                                   Mr. Ravi Prakash, Advocate
                                                   Mr. Udeshya Kumar Yadav, Advocate
                 For the Opposite Party/s :        Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   Thana Sadar P.S. Case No. 485 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 900 litres

                   of liquor was recovered from vehicles including the motorcycle

                   of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.3937 of 2026(2) dt.27-01-2026
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          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that the name of the petitioner has transpired in this case merely

          as being the owner of one of the motorcycles in question and he

          had no knowledge regarding the goods loaded in the vehicle.

          The petitioner is in custody since 07.12.2025 and has one

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                     6. Considering the aforesaid facts and circumstances of

          the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Excise Thana Sadar

          P.S. Case No. 485 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.3937 of 2026(2) dt.27-01-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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