Patna High Court
Sandeep Chaudhary @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The court granted anticipatory bail, holding that the absence of incriminating evidence and the petitioner's clean antecedents justify bail.
Summary
The petitioner, Sandeep Chaudhary, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly discarding 15.75 litres of illicit foreign liquor. The prosecution alleged his involvement, but no liquor was recovered from his possession and he asserted his innocence and clean antecedents. The State opposed the bail application. The High Court, noting the lack of incriminating material in the petitioner's conscious possession and his clean record, allowed the anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material.
- Whether the petitioner can be deemed to have committed the alleged offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- clean antecedents
- Section 482(2) CrPC
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39607 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- MAGADH MEDICAL COLLEGE
District- Gaya
======================================================
Sandeep Chaudhary @ Sandeep Kumar Son of Rajdeo Chaudahry Resident of
Village- Bhukhan Bigha (Pathraura), P.S.- Magadh Medical, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vinod Kumar, Advocate
For the State : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 15.75 liters illicit foreign
liquor was recovered which was allegedly thrown by this
petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on suspicion. The
alleged illicit liquor has been recovered from an open place,
Patna High Court CR. MISC. No.39607 of 2026(2) dt.23-06-2026
2/2
which is accessible to one and all. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation, fact that no
incriminating article has been recovered from conscious
possession of this petitioner and clean antecedents, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged 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 Exclusive Special Judge
Excise-4, Gaya in connection with Magadh Medical P.S. Case
No. 127 of 2026, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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