Patna High Court
Jagnarayan ChoudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner, subject to a bond and sureties, as the evidence did not directly implicate him and bail would not impede the investigation.
Summary
The petitioner, Jagnarayan Choudhari, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for the alleged recovery of 25.920 liters of illicit liquor from an open field. He argued that the liquor was seized from a public place and no incriminating material was found in his possession, and that his only connection was the testimony of a local chowkidar. The State opposed the bail, contending that the petitioner had a prior criminal antecedent and was already on bail in another matter. The Court examined whether the evidence linked the petitioner to the contraband and considered the applicability of Section 482(2) of the Bihar Negotiable Securities (BNSS) Act, 2023 in granting bail. Concluding that the petitioner was not directly linked to the seized liquor and that bail would not jeopardize the investigation, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 482(2). The order was conditioned on the petitioner surrendering within eight weeks and complying with the bail terms.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the evidence recovered from an open field establishes a sufficient nexus between the petitioner and the illicit liquor.
- Whether the provisions of Section 482(2) of the BNSS Act, 2023 justify the grant of bail in this circumstance.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS Act, 2023 — s. 482(2)
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- Section 482(2)
- BNSS Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40282 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- DINARA District- Rohtas
======================================================
Jagnarayan Choudhari S/o Ranglal Choudhari Resident of village- Gang
Bharasara ,Police station -Dinara ,District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar , 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 Section 30 (a) of Bihar Prohibition
and Excise Amendment Act 2022 .
3 . It is alleged that 25.920 liters of illicit liquor was
recovered from an open field.
4. It is submitted that petitioner has been made
accused in this case on the disclosure of local chowkidar.
Recovery has been made from an open place which is accessible
to one and all. No incriminating material has been recovered
from the conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has got 1
criminal antecedent in which he is on bail.
Patna High Court CR. MISC. No.40282 of 2026(2) dt.29-06-2026
2/2
5 . Learned counsel for the State opposes the bail
petition .
6. Considering the aforesaid facts and other
circumstances of case , in the event of arrest/surrender within
eight weeks from today, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Court No. 1
Rohtas at Sasaram in conenction with Dinara PS Case No. 93
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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