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Patna High Court

Vinod Choudhary @ Vinod Kumar @ Binod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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