Patna High Court
Manoj ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Manoj Chaudhary applied for anticipatory bail after the police recovered 40 litres of illicit liquor and registered a case under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his possession and that he was implicated merely on suspicion, despite having a prior criminal case for which he was on bail. The State opposed the bail application. The Court considered the nature of the accusation and the circumstances of the recovery, and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered that if the petitioner is arrested or surrenders within eight weeks, he shall be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged illicit liquor possession under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s lack of incriminating material and mere suspicion justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- criminal procedure
- bail conditions
- section 274
- section 275
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40384 of 2026
Arising Out of PS. Case No.-561 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Manoj Chaudhary S/o- Bharat Chaudhary R/v- Turkauliya Asarfi Tola Ps-
Turkauliya Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 274, 275 of the
Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 40 litres illicit liquor was
recovered from an open place.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Petitioner has got one criminal antecedent
in which he is on bail.
Patna High Court CR. MISC. No.40384 of 2026(2) dt.30-06-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering nature of accusation and place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, 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 Exclusive Special Excise
Judge-I, East Champaran, Motihari in connection with
Turkauliya P. S. Case No. 561 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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