Patna High Court
Loh Chaudhary @ Lav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Loh Chaudhary, was arrested in connection with the seizure of 69.12 litres of foreign liquor from his residence, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his possession, that the seizure list was prepared without complying with Section 105 of the BNSS, and that he has no prior criminal record, having been in judicial custody since 28 May 2026. The State opposed his request for regular bail. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the 2nd Exclusive Special Excise Judge, Saran at Chapra. The order released the petitioner on bail pending further trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged offence under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of foreign liquor was lawful given the alleged non‑compliance with Section 105 of the BNSS.
- Whether the petitioner’s lack of criminal antecedent and custodial duration justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition and excise
- foreign liquor seizure
- Section 30(a)
- Section 105
- Bihar law
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40182 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- MANJHI District- Saran
======================================================
Loh Chaudhary @ Lav Kumar S/o Late Ragho Chaudhary Resident of
Village- Fatehpur, P.S.- Manjhi, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 69.12
liters of foreign liquor was recovered from the side of the house
of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The witnesses
of the seizure list are police personnel and police has not
complied Section 105 of BNSS while preparing seizure list. A
Patna High Court CR. MISC. No.40182 of 2026(2) dt.30-06-2026
2/2
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 28.05.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Manjhi P.S. Case No. 41 of 2026 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.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.