Patna High Court
Vinod Choudhary @ Vinod Kumar @ Binod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner upon arrest within eight weeks, subject to a bond and sureties.
Summary
Vinod Choudhary petitioned the Patna High Court for bail in a case registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, where 30 litres of illicit liquor was recovered near a roadside. The petitioner claimed he had no possession of the liquor and was falsely implicated, noting that no incriminating material was found on him and that he already had a similar case pending on bail. The State opposed the bail application. The Court, after considering the facts, ordered that the petitioner be released on bail if arrested within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the BNSS 2023. The order effectively granted the bail petition.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the evidence against the petitioner justifies denial of bail
- Applicability of Section 482(2) of the BNSS 2023 in granting bail
Legislation cited
- Bihar Negotiable Instruments and Security System (BNSS) 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39730 of 2026
Arising Out of PS. Case No.-493 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Vinod Choudhary @ Vinod Kumar @ Binod Kumar S/o Lalu Choudhary R/o
Village- Kapasiya, P.S - Aurangabad (Mufassil), District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 30(a) and 32(3)of Bihar
Prohibition and Excise Act.
3 . It is alleged that 30 liters of illicit liquor was
recovered from a bag near roadside.
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case on the basis of
suspicion . No incriminating material has been recovered from
the conscious possession of this petitioner and he is no way
connected with the aforesaid recovery . Petitioner has got one
antecedent of similar nature in which he is on bail.
5 . Learned counsel for the State opposes the bail
Patna High Court CR. MISC. No.39730 of 2026(2) dt.29-06-2026
2/2
petition .
6. Considering the aforesaid facts and other
circumstances of case, in the event of arrest/surrender within
eight weeks from today, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise-II, Aurangabad
in connection with Excise Police Station Case No. 493 of
2026 , subject to the conditions laid down under section 482
(2) of BNSS 2023 .
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
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